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Terms And Conditions
Terms and Conditions for Use and Sale
1. User agreement
1.1 By using the Scoopon website and Scoopon Shopping website (and their App and mobile sites) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and Scoopon Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Registration and User Requirements
2.1 You must be a registered member to make orders and access some features of the Website. 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.
2.2 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 receipt of 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.
2.3 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. Access and use of the Website
3.1 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.
3.2 You must not (or attempt to):
3.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that
3.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools
3.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4 You must not use another member's account without our, and/or the other user’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).
3.5 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.
4. Access and use of our Social Media pages
4.1 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:
4.1.1 Breaches the terms of use of the relevant social media service provider;
4.1.2 Is defamatory or in contempt of legal proceedings;
4.1.3 Is misleading or deceptive;
4.1.4 That is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
4.1.5 Contains religious or political material;
4.1.6 Is indecent, obscene or pornographic;
4.1.7 Infringes any third party intellectual property rights;
4.1.8 Contains any promotional or advertising material;
4.1.9. Contains or links to computer viruses, malware, spyware or similar software.
5. Information on this Website
5.1 Information about goods on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
5.2 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.
5.3 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel 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.
6. Disclaimer and Liability
6.1 To the fullest extent possible at 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:
6.1.1 errors, mistakes or inaccuracies on the Website or our social media pages;
6.1.2 you 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;
6.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
6.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
6.1.5 any interruption or cessation of transmission to or from the Website;
6.1.6 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
6.1.7 the quality of any product or service of any linked sites.
6.2 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 merchants of goods and services.
6.3 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.
6.4 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 suppliers have no responsibility for the legality of your actions.
6.5 Some services provided by merchants 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.
6.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant 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. Scoopon accepts no liability in this regard.
7. Indemnity
7.1 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.
8. Placing Orders
8.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you
8.2 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.
8.3 Orders placed by you are offers to purchase either:
8.3.1 a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
8.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
8.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
8.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, or 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.
8.6 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 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.
8.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
9. Price, Payment and Use of Discount/Coupon Codes
9.1 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 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.
9.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.
10. Vouchers: Use and Redemption of a Scoopon Voucher
10.1 Vouchers will be accessible via your Scoopon account. Your voucher will not be emailed to you and will only be accessible via your Scoopon account. We cannot be held liable nor responsible for any loss suffered as a result of a Scoopon voucher not being received by you due to circumstances beyond our reasonable control.
10.2 All Scoopon vouchers sold on the Website are offered on behalf of third party merchants. Any Scoopon voucher you purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, and not Scoopon, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any Scoopon voucher you purchase.
10.3 In relation to goods provided by a third party on redemption of a Scoopon Voucher, you recognise that the third party merchant is the supplier of the goods, and not Scoopon.
10.4 To the extent permitted by law (including the Australian Consumer Law), Scoopon makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
10.5 The Scoopon voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the Scoopon voucher. The Scoopon voucher cannot be exchanged or redeemed for cash. A Scoopon voucher cannot be combined with any other discount or promotional offer unless specified by the Merchant
10.6 Neither Scoopon nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than Scoopon or the merchant) of the voucher’s unique reference number.
10.7 Scoopon vouchers may contain terms and conditions known as the '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.
10.8 Scoopon 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.
11. Vouchers: Availability of Goods and Services and Scheduling
11.1 You agree and acknowledge that:
11.1.1 where merchants offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
11.1.2 merchants 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.
11.1.3 where merchants 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;
11.1.4 the merchants 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 merchant prior to purchasing any Scoopon voucher, or finalising any booking and confirm that you are able to comply;
11.1.5 photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. 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;
11.1.6 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;
11.1.7 restaurant menus advertised on the website are indicative only and subject to change without notice; and
11.1.8 where merchants 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 merchant, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
12. Vouchers: Bookings and Cancellations
12.1 All services promoted on the Website are offered by merchants 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.
12.2 Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any merchant policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the merchant. Unreasonably short notice cancellations may result in the cancellation of your Scoopon voucher if the merchant is unable to fill your space.
12.3 Merchants 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.
13. Vouchers: Refunds Policy
13.1 Upon receipt of your complaint, we will endeavour to contact the Merchant and resolve the complaint on your behalf. If your complaint cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.
13.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:
13.2.1 The Merchant fails to or cannot provide the goods or services within the validity period;
13.2.2 The goods or services supplied by the Merchant are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;
13.2.3 The goods or services are not provided within a reasonable time, taking into account the validity period of the voucher;
13.2.4 We have chosen to withdraw the deal from sale
13.3 We will only refund you in accordance with clause 13.2.1 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 merchants subject to availability. Neither Scoopon nor the merchant is responsible where you are unable to redeem your voucher for reasons beyond Scoopon's or the merchant’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.
13.4 Where an appointment or booking is cancelled for reasons beyond the Merchant’s control (including for bad weather or breakdowns), you must allow the Merchant 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 Merchant may provide you with a booking after the validity period. You will be entitled to a refund where:
13.4.1 Your booking or appointment is cancelled by the merchant consecutively more that 3 times within the validity period; or
13.4.2 If required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Merchant.
13.5 If you fail to:
13.5.1 contact the Merchant within any advertised ‘Book By’ date,; or
13.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.
13.6 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.
14. Scoopon Travel Guarantee
14.1 The following Travel Guarantee only applies where it is specifically stated in the Deal Listing that it is applicable to the relevant Travel Deal.
14.2 If, within 14 days of purchasing your Scoopon voucher ("Guarantee Period") you attempt to make a booking for your voucher, and have been unable to secure your preferred travel and/or accommodation dates (including flights), we will cancel your Scoopon voucher, and issue you with a refund (using the payment method used for purchase) or a Store Credit (at your election) to the value of your purchase.
14.3 You must contact Scoopon via the Help Centre within the Guarantee Period in order to claim under the Travel Guarantee and present evidence of your attempt to make your travel booking.
15. Vouchers: Process for Claiming a Refund or Store Credit
15.1 Your request for a refund must be submitted through the Scoopon Help Centre. Your refund or Store Credit request must, where applicable:
15.1.1 include the Scoopon voucher number;
15.1.2 include a detailed description of your experience or issue; and
15.1.3 be received by us within a reasonable time (at our discretion) of your complaint arising.
15.2 We may verify the details of your refund or Store Credit request with the merchant, and by asking you to provide more information and proof.
15.3 Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
15.4 We may refuse requests or complaints that we believe are not valid.
15.5 The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
16. Store Credits
16.1 Store Credits issued for www.scoopon.com.au cannot be used on shopping.scoopon.com.au and vice versa.
16.2 Any unused portion of your Store Credit shall be credited to your account.
16.3 To the extent permitted by law, Scoopon reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the Scoopon Website.
16.4 Store credit issued in lieu of a refund will expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
17. Scoopon Shopping: Supply and Delivery of Goods
17.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
18. Scoopon Shopping: Packaging and Labelling
18.1 We endeavour 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.
18.2 We recommend that you read the labels and instructions on foodstuffs or other consumables prior to consumption or use.
18.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
19. Shopping: Software and Technology Purchases – Limitation of Liability
19.1 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.
19.2 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.
20. Scoopon Shopping: Goods Out of Stock
20.1 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.
21. Scoopon Shopping: Change of Mind Returns
21.1 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:
(a) returned within 28 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow our returns process.
21.2 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.
21.3 A $25.00 or 20% (whichever is lower) re-stocking and returns handling fee will apply to returns accepted under this clause.
22. Scoopon Shopping: Defective Goods
22.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for 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.
22.2 Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
22.3 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 Scoopon, and rights you may have in relation to those warranties are separate to any warranty rights given to you by Scoopon. 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.
23. Scoopon Shopping: Process for Returns and Refunds
23.1 When seeking a return on a product, please contact us via the Help Centre. Once contacted we will investigate your issues 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.
23.2 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 no 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 it in an abnormal way or 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.
23.3 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
23.4 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.
24. Purchase and Sale of Alcohol
24.1 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. Scoopon Pty Ltd sells alcohol under Licence Number 36126244.
24.2 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.
24.3 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.
25. Australian Federation of Travel Agents Accreditation Scheme
25.1 Scoopon is accredited under the Australian Federation of Travel Agents Accreditation Scheme, ATAS Accreditation Number A11610.
26. Social Media and Content
26.1 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.
26.2 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 at law we do not accept liability in this regard.
26.3 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:
26.3.1 you do not have the right to post;
26.3.2 is defamatory or in contempt of any legal or other proceedings;
26.3.3 is misleading or deceptive;
26.3.4 incites hatred or discrimination against any group of persons being a group defined by re
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Terms and Conditions for Use and Sale
1. User agreement
1.1 By using the Scoopon website and Scoopon Shopping website (and their App and mobile sites) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and Scoopon Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Registration and User Requirements
2.1 You must be a registered member to make orders and access some features of the Website. 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.
2.2 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 receipt of 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.
2.3 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. Access and use of the Website
3.1 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.
3.2 You must not (or attempt to):
3.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that
3.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools
3.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4 You must not use another member's account without our, and/or the other user’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).
3.5 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.
4. Access and use of our Social Media pages
4.1 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:
4.1.1 Breaches the terms of use of the relevant social media service provider;
4.1.2 Is defamatory or in contempt of legal proceedings;
4.1.3 Is misleading or deceptive;
4.1.4 That is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
4.1.5 Contains religious or political material;
4.1.6 Is indecent, obscene or pornographic;
4.1.7 Infringes any third party intellectual property rights;
4.1.8 Contains any promotional or advertising material;
4.1.9. Contains or links to computer viruses, malware, spyware or similar software.
5. Information on this Website
5.1 Information about goods on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
5.2 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.
5.3 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel 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.
6. Disclaimer and Liability
6.1 To the fullest extent possible at 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:
6.1.1 errors, mistakes or inaccuracies on the Website or our social media pages;
6.1.2 you 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;
6.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
6.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
6.1.5 any interruption or cessation of transmission to or from the Website;
6.1.6 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
6.1.7 the quality of any product or service of any linked sites.
6.2 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 merchants of goods and services.
6.3 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.
6.4 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 suppliers have no responsibility for the legality of your actions.
6.5 Some services provided by merchants 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.
6.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant 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. Scoopon accepts no liability in this regard.
7. Indemnity
7.1 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.
8. Placing Orders
8.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you
8.2 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.
8.3 Orders placed by you are offers to purchase either:
8.3.1 a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
8.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
8.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
8.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, or 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.
8.6 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 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.
8.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
9. Price, Payment and Use of Discount/Coupon Codes
9.1 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 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.
9.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.
10. Vouchers: Use and Redemption of a Scoopon Voucher
10.1 Vouchers will be accessible via your Scoopon account. Your voucher will not be emailed to you and will only be accessible via your Scoopon account. We cannot be held liable nor responsible for any loss suffered as a result of a Scoopon voucher not being received by you due to circumstances beyond our reasonable control.
10.2 All Scoopon vouchers sold on the Website are offered on behalf of third party merchants. Any Scoopon voucher you purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, and not Scoopon, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any Scoopon voucher you purchase.
10.3 In relation to goods provided by a third party on redemption of a Scoopon Voucher, you recognise that the third party merchant is the supplier of the goods, and not Scoopon.
10.4 To the extent permitted by law (including the Australian Consumer Law), Scoopon makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
10.5 The Scoopon voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the Scoopon voucher. The Scoopon voucher cannot be exchanged or redeemed for cash. A Scoopon voucher cannot be combined with any other discount or promotional offer unless specified by the Merchant
10.6 Neither Scoopon nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than Scoopon or the merchant) of the voucher’s unique reference number.
10.7 Scoopon vouchers may contain terms and conditions known as the '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.
10.8 Scoopon 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.
11. Vouchers: Availability of Goods and Services and Scheduling
11.1 You agree and acknowledge that:
11.1.1 where merchants offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
11.1.2 merchants 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.
11.1.3 where merchants 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;
11.1.4 the merchants 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 merchant prior to purchasing any Scoopon voucher, or finalising any booking and confirm that you are able to comply;
11.1.5 photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. 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;
11.1.6 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;
11.1.7 restaurant menus advertised on the website are indicative only and subject to change without notice; and
11.1.8 where merchants 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 merchant, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
12. Vouchers: Bookings and Cancellations
12.1 All services promoted on the Website are offered by merchants 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.
12.2 Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any merchant policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the merchant. Unreasonably short notice cancellations may result in the cancellation of your Scoopon voucher if the merchant is unable to fill your space.
12.3 Merchants 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.
13. Vouchers: Refunds Policy
13.1 Upon receipt of your complaint, we will endeavour to contact the Merchant and resolve the complaint on your behalf. If your complaint cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.
13.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:
13.2.1 The Merchant fails to or cannot provide the goods or services within the validity period;
13.2.2 The goods or services supplied by the Merchant are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;
13.2.3 The goods or services are not provided within a reasonable time, taking into account the validity period of the voucher;
13.2.4 We have chosen to withdraw the deal from sale
13.3 We will only refund you in accordance with clause 13.2.1 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 merchants subject to availability. Neither Scoopon nor the merchant is responsible where you are unable to redeem your voucher for reasons beyond Scoopon's or the merchant’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.
13.4 Where an appointment or booking is cancelled for reasons beyond the Merchant’s control (including for bad weather or breakdowns), you must allow the Merchant 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 Merchant may provide you with a booking after the validity period. You will be entitled to a refund where:
13.4.1 Your booking or appointment is cancelled by the merchant consecutively more that 3 times within the validity period; or
13.4.2 If required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Merchant.
13.5 If you fail to:
13.5.1 contact the Merchant within any advertised ‘Book By’ date,; or
13.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.
13.6 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.
14. Scoopon Travel Guarantee
14.1 The following Travel Guarantee only applies where it is specifically stated in the Deal Listing that it is applicable to the relevant Travel Deal.
14.2 If, within 14 days of purchasing your Scoopon voucher ("Guarantee Period") you attempt to make a booking for your voucher, and have been unable to secure your preferred travel and/or accommodation dates (including flights), we will cancel your Scoopon voucher, and issue you with a refund (using the payment method used for purchase) or a Store Credit (at your election) to the value of your purchase.
14.3 You must contact Scoopon via the Help Centre within the Guarantee Period in order to claim under the Travel Guarantee and present evidence of your attempt to make your travel booking.
15. Vouchers: Process for Claiming a Refund or Store Credit
15.1 Your request for a refund must be submitted through the Scoopon Help Centre. Your refund or Store Credit request must, where applicable:
15.1.1 include the Scoopon voucher number;
15.1.2 include a detailed description of your experience or issue; and
15.1.3 be received by us within a reasonable time (at our discretion) of your complaint arising.
15.2 We may verify the details of your refund or Store Credit request with the merchant, and by asking you to provide more information and proof.
15.3 Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
15.4 We may refuse requests or complaints that we believe are not valid.
15.5 The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
16. Store Credits
16.1 Store Credits issued for www.scoopon.com.au cannot be used on shopping.scoopon.com.au and vice versa.
16.2 Any unused portion of your Store Credit shall be credited to your account.
16.3 To the extent permitted by law, Scoopon reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the Scoopon Website.
16.4 Store credit issued in lieu of a refund will expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
17. Scoopon Shopping: Supply and Delivery of Goods
17.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
18. Scoopon Shopping: Packaging and Labelling
18.1 We endeavour 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.
18.2 We recommend that you read the labels and instructions on foodstuffs or other consumables prior to consumption or use.
18.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
19. Shopping: Software and Technology Purchases – Limitation of Liability
19.1 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.
19.2 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.
20. Scoopon Shopping: Goods Out of Stock
20.1 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.
21. Scoopon Shopping: Change of Mind Returns
21.1 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:
(a) returned within 28 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow our returns process.
21.2 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.
21.3 A $25.00 or 20% (whichever is lower) re-stocking and returns handling fee will apply to returns accepted under this clause.
22. Scoopon Shopping: Defective Goods
22.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for 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.
22.2 Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
22.3 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 Scoopon, and rights you may have in relation to those warranties are separate to any warranty rights given to you by Scoopon. 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.
23. Scoopon Shopping: Process for Returns and Refunds
23.1 When seeking a return on a product, please contact us via the Help Centre. Once contacted we will investigate your issues 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.
23.2 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 no 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 it in an abnormal way or 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.
23.3 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
23.4 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.
24. Purchase and Sale of Alcohol
24.1 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. Scoopon Pty Ltd sells alcohol under Licence Number 36126244.
24.2 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.
24.3 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.
25. Australian Federation of Travel Agents Accreditation Scheme
25.1 Scoopon is accredited under the Australian Federation of Travel Agents Accreditation Scheme, ATAS Accreditation Number A11610.
26. Social Media and Content
26.1 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.
26.2 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 at law we do not accept liability in this regard.
26.3 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:
26.3.1 you do not have the right to post;
26.3.2 is defamatory or in contempt of any legal or other proceedings;
26.3.3 is misleading or deceptive;
26.3.4 incites hatred or discrimination against any group of persons being a group defined by re
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