Terms and Conditions

This Website is owned by MAD MEX FRESH MEXICAN GRILL PTY LTD ACN 123 293 676 (Mad Mex) and operated by Mad Mex and/or a third party provider.

By accessing, browsing or using the Mad Mex website (Site), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using the Site.

These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Mad Mex through the online ordering portal or through the Mad Mex Application for iOS and Android (App). If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site.

Mad Mex may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on the Site.  Your continued use of the Site after any amendment becomes effective, will constitute your agreement to be bound by these Terms of Use, as amended.

PRIVACY

  1. Mad Mex may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Mad Mex’s Privacy Policy available at https://madmex.com.au/privacy-policy/.

USE OF THE SITE

You agree you will not transmit to Mad Mex or upload to or through the Site any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: 

6.1 is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or would enable an unauthorised person to cause such result; or 

6.2 would enable an unauthorised person to access another person’s information without such other person’s knowledge and permission. 

Without limiting the foregoing and by way of example only, users may not: 

7.1 generate or facilitate unsolicited commercial email (Spam). Such activity includes, but is not limited to: 

(a) sending messages in violation of any applicable anti-spam law; 

(b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam; 

(c) data mining any Mad Mex property; 

(d) sending messages to users who have asked not to be contacted; or 

(e) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; 

7.2 intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature; 

7.3 conduct or forward pyramid schemes or similar programs; 

7.4 transmit content that may be harmful to minors; 

7.5 impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email; 

7.6 transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission; 

7.7 transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission; 

7.8 violate the legal rights (such as rights of privacy and publicity) of others; 

7.9 promote or encourage illegal activity; 

7.10 interfere with other Mad Mex users’ enjoyment of the Site; 

7.11 modify, adapt, translate, or reverse engineer any portion of the Site; 

7.12 remove any copyright, trademark or other proprietary rights notices contained in or on the Site; 

7.13 reformat or frame any portion of the web pages that are part of the Site without Mad Mex’s explicit written permission; 

7.14 bypass any limitations or suspensions of functionality; and 

7.15 provide false information. 

USE OF THE SITE BY MINORS

  1. The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Site under the supervision of a parent or legal guardian, or responsible adult.

USE OF THE ONLINE ORDERING SYSTEM

  1. If you electronically order Products from us (including through our online ordering website and mobile App), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our online ordering website and mobile App. 
  2. We have the right to change, suspend or terminate the online ordering system (or any part of it) at any time without prior notice. 
  3. The Mad Mex online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Mad Mex reserves the right to refuse service, terminate your access to the online ordering website or mobile App, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you. 
  4. In making the Mad Mex online ordering system (website and mobile app) available for use, Mad Mex merely acts as an agent of franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address), does not provide you with any goods or services, and makes no warranties or representations regarding the goods and services to be provided (including availability and delivery). 
  5. Mad Mex does not guarantee that the online ordering website or mobile App will be free from viruses or other harmful components and you agree to hold harmless Mad Mex from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the applications, online ordering website or mobile app, and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack. 
  6. In using the Mad Mex online ordering system (whether via the website or mobile App) you acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices and acknowledge that you contract with the individual store from which you order and not Mad Mex and therefore you have no claim, recourse or action against Mad Mex whatsoever (except where you order from a Mad Mex owned store) and indemnify Mad Mex from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system. Payment is required in full at the time of order. If we can’t process your payment, we will instruct the relevant franchise store not to fulfil your order.

USE OF THE MAD MEX – MAD MEMBERS APP

  1. As of August 2024, by signing up and participating in the Mad Mex Mad Members program, you agree to these terms and conditions including the privacy policy, as amended from time to time. Continued use of the program by you will constitute your acceptance of any changes or revisions. If you do not agree with these terms, please do not use the service. 
  2. The Mad Mex Mad Members Membership Program (“Program”) is operated by Mad Mex Fresh Mexican Grill Pty Ltd from Level 2, 71 York Street, Sydney, NSW, 2000. The Program is available at all Mad Mex restaurants across Australia, excluding Airport Locations. 
  3. Participation in the Program is for personal use only and open to individuals 18 years and over and have a unique valid email address and mobile phone number. Individuals under 18 years must have parent or guardian’s okay prior to registering for the Program and the parent or guardian must read and agree to these terms. Mad Mex reserves the right to request the parent or guardian to confirm consent of the individual’s participation at any time. 
  4. You agree that you will only register one account as a user. Multiple accounts per user (determined by name, email, or mobile number) will result in the additional accounts being closed, and any benefits and rewards attached to any of the account cancelled or forfeited, at the absolute discretion of Mad Mex. 
  5. To participate in the Program, you must: 
  6. Download the official Mad Mex Mad Members App.
  7. Follow the prompts to register.
  8. III. Complete and submit your details; and 
  9. Once you have successfully registered, you will be a Mad Member (also referred to as “you” in these Terms) of the Mad Members Membership Program. You will be provided with a unique Mad Member Reference number and barcode, that will be contained within your app.

Rewards

Upon verification of your account, you agree to receive benefits and rewards as determined and communicated by Mad Mex. Benefits and rewards may be sent to you directly to your registered email account or Mad Mex App or advertised in various mediums and channels. All benefits and rewards, are offered to you and cannot be transferred or exchanged, unless stated otherwise. No vouchers are redeemable via our exclusive Delivery Partners.  

Upon completion of your first transaction as a registered Mad Member you will be issued with a $5 MAD DOLLAR sign up bonus. To be eligible, you must be a registered Mad Member and complete a minimum order of $1 or more. This will be valid at any Mad Mex restaurant (takeaway/ dine in) excluding airports. This reward will expire 30 days from the date you have signed up. The voucher is not transferrable and cannot be used in conjunction with any other offers.

A free Birthday Burrito voucher will be issued on the first day of the month that you have registered your birthday as. Each registered member is eligible for 1 Birthday Burrito every 12 months. The voucher will become available if a registered Mad Member has spent a minimum of $10 or more as a Mad Member in their lifetime. This Birthday Burrito voucher is available to redeem at any Mad Mex restaurant (excluding airport locations) via in-app redemption only. You can choose to redeem a free Burrito or Naked Burrito. Additional charges apply for extras. The voucher will expire 30 days following the issue date.

On every purchase, you will receive 1pt for every $1 spent. Once a total balance of 50pts is achieved, this will convert to $5 MAD DOLLARS. The points balance will reset to 0 to restart your points collection. You can choose to redeem MAD DOLLARS via in-app or in-restaurant. MAD DOLLARS are eligible to be earned and redeemed at all Mad Mex locations (excluding the Airports). MAD DOLLARS will expire 12 months from when issued. To redeem the benefits and rewards offered under the program, you must be a registered Mad Member, present the MAD DOLLAR balance, code, app barcode and any other material as directed by Mad Mex on your smartphone or electronic device using the Mad Mex app prior to the expiry date stated or otherwise specified in these terms and conditions (no extensions will be given). Specific conditions may apply to certain benefits and rewards supplied, of which will be detailed with the benefit or reward coupon advertising or communication. 

All benefits and rewards will be sent to the registered email or Mad Members App and are subject to availability. Substitutes may be offered at Mad Mex’s absolute discretion. Any prices or values stated in connection or for a benefit or reward is correct at the time of publication. Blackout periods, such as public holidays, restaurant closures etc. may apply. Mad Mex in its absolute discretion may change or amend a benefit or reward, including ceasing the benefit or reward, without notification. Mad Mex is not responsible for any late, lost, misdirected, damaged or undeliverable benefits and rewards. 

Benefits and rewards can be earned for purchases made online (pick-up via app) at Mad Mex restaurants (dine-in/takeaway). Benefits and rewards cannot be earned or redeemed against purchases made through third party providers, delivery services or other goods or services as communicated by Mad Mex from time to time. 

You may receive personalised offers that are only available to you and other select members, as determined by Mad Mex. Certain benefits and rewards may not be available to all Mad Members because of age, or legal requirements, for an example benefits involving alcohol. It is at Mad Mex’s absolute discretion whether to supply you with these or any benefits or rewards. 

Personal information collected by Mad Mex will be used to communicate with you as a Mad Member and provide you with benefits and rewards updates under the Program. Participation in the Program is conditional to you providing the required personal information. You consent to receiving marketing communications via email or through the Mad Mex App, unless you advise us otherwise and you agree to the release of your personal information to authorised third parties as necessary to carry out the Program. For details of our privacy practices including how we collect, use, and disclose personal information and how to make a complaint regarding the management of your personal information, please read our Privacy Policy at https://madmex.com.au/privacy-policy/ 

It is the responsibility of the Mad Member to advise Mad Mex of any change of account details including name, email, mobile number etc as soon as practicable after the change. Updates can be made on the Mad Members App or by contacting Mad Mex directly via https://madmex.com.au/contact/, further verification requirements may be required. Mad Mex is not responsible for any late delivery or loss of benefits or rewards to Mad Members relating to any failure by you to notify us of any change in your details. 

Mad Members are responsible for all activity in the account including any activity by a third party. Individuals cannot share or have multiple individuals use or redeem the same Mad Member Account. Only one account can be linked in the Mad Member App. 

Mad Mex is not responsible for any unauthorised use or access of a Mad Member’s account including through the Mad Members barcode and redemption of benefits and rewards by third parties, including the unauthorised use of a reward code sent to a Mad Member. It is each Mad Member’s responsibility to protect their account from misuse or access. 

Mad Mex reserves the right, at any time, to verify the validity and status of actual or prospective Mad Members, registrations, verification of account details and any benefits or rewards issued and redeemed, including a Mad Member’s identity, age, email, and mobile phone number. 

In the instance of a dispute of identity (including name, age, email, or mobile phone number) of an actual or prospective Mad Member, Mad Mex reserves the right, in its absolute discretion, to reject or determine the identity of the member. 

Mad Members’ accounts may expire if no transactions are made on the Account for a consecutive period of 24 months, after which any benefits and rewards earned or supplied will be forfeited, with no remuneration. 

Mad Members must not provide false or misleading information to Mad Mex and must not alter, reproduce, disclose, or interfere with the details of other Mad Members including prospective members. 

Use of the Mad Members App may be dependent on certain hardware and software to operate, use or access any part of your account including benefits and rewards. Mad Mex is not responsible for a Mad Member’s inability to access the Mad Member App due to incompatible hardware or software. 

Mad Mex reserves the right, in its absolute discretion and without prior notice, to remove benefits or offers, terminate, or disqualify any Mad Member Mad Mex has reason to believe has contravened these terms or has tampered or compromised any part of the Program that could jeopardise the fair and proper conduct of the Program. Failure by Mad Mex to enforce any of its rights at any stage does not constitute a waiver of those rights. Mad Mex legal rights to recover any loss, damages or other compensation from such offender are reserved. 

 

Unmask The Luchador 2025

Promotion:  Mad Mex Scratch & Win Promotion 
Promoter:  MAD MEX FRESH MEXICAN GRILL PTY LTD ABN 31 123 293 676, 71 York Street, Sydney, NSW 2000, Australia. Ph: 02 8115 9550 

 

For any enquiries regarding this Promotion, please contact the Promoter via feedback@madmex.atlassian.net or 02 8115 9550 

Promotional Period: Start date: open of business on 04/11/25 

End date: 11:59 pm AEDT on 01/02/26, whilst game card stock lasts 

Eligible entrants:  Entry is only open to NSW, QLD, VIC and WA residents who are 18 years of age or over.  

 

How to Enter: To enter the Promotion, the entrant must complete the following steps during the Promotional Period: 

 

  1. spend at least $2 in one (1) transaction on any product(s) from any Mad Mex Restaurant within NSW, QLD, VIC and WA (excluding airports) (“Participating Venues”) and collect a game card at the time of purchase, while stocks last 
  1. scratch the game card to reveal a unique code; 
  1. scan the QR code on the game card or go to https://madmex.com.au/unmask-the-luchador/ to be routed to the Mad Mex promotional landing page; and 
  1. either: 
  1. Mad Mex Members: log-in to their Mad Mex account and enter the unique code found on the game card to reveal their prize*; OR 
  1. Non-Members: follow the prompts to create an account by providing their personal details as requested, enter the unique code found on the game card to reveal their prize*. 

 

*Unique codes must be redeemed on the Mad Mex App by 11:59 pm AEDT 28/02/26 

 

Instant prizes will be automatically added to their Mad Mex account. Winners will also be sent an eDM with the details of their prize. Instant win prizes available to be won are listed below. 

 

Game card strictly limited per Participating Venue. In event the game cards are exhausted, the Promoter may end the Promotional earlier. 

Entries permitted: Multiple entries permitted subject to the following:  

 

  1. maximum of one (1) game card permitted per qualifying transaction;  
  1. limit three (3) game cards permitted per person per day;  
  1. only one (1) online entry per person per day is permitted on the landing page (with a total of ninety (90) entries permitted per person throughout the Promotional Period); 
  1. only one (1) unique code per entry is permitted; 
  1. the same unique code cannot be used more than once;  
  1. unrecognised codes will be deemed invalid; and  
  1. each entry must be completed separately and in accordance with the entry instructions above.  
Winner Determination:  Instant Win: 

  • Printing and other quality control errors will not invalidate an otherwise valid prize claim. 
  • Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.  
  • Instant win game materials void if stolen, forged, mutilated or tampered with in any way. 
  • The maximum number of promotional game cards that will be distributed during the Promotion is 350,008. 
Total Prize Pool:  Up to AU$1,423,600.00 
 

Prize Description Number of this prize Value (per prize) 
Prize 1: The prize is a trip to Mexico for the winner and a guest which includes: 

  • return economy class flights from the winner’s nearest capital city to Mexico; 
  • return private transfers from airport to accommodation;  
  • four (4) nights twin share 4-star accommodation; and 
  • AU$1,000 spending money (paid by direct deposit). 

 

1 Up to AU$10,000.00 depending on the winner’s date and exact point of departure 
Prize 2: The prize is a catering order from Mad Mex up to the value of $500. Prize is redeemable within 12 months from the date of prize claim. 

 

2 AU$500.00 
Prize 3: The prize is a catering order from Mad Mex up to the value of $300. Prize is redeemable within 12 months from the date of prize claim. 5 AU$300.00 
Prize 4: The prize is a Mad Mex taco kit. 500 AU$45.00 
Prize 5: The prize is a Mad Mex small nachos. 2500 AU$12.90 
Prize 6: The prize is a Mad Mex small burrito. 10100 AU$12.50 
Prize 7: The prize is a Mad Mex small naked burrito. 10000 AU$12.50 
Prize 8: The prize is a Mad Mex churros & sauce. 2000 AU$6.90 
Prize 9: The prize is a Mad Mex jarritos. 4000 AU$6.00 
Prize 10: The prize is a Mad Mex corn chips & guac. 25000 AU$5.00 
Prize 11: The prize is Mad Mex cheese quesadilla. 5000 AU$5.00 
Prize 12: The prize is a $5 Mad Mex voucher. 20000 AU$5.00 
Prize 13: The prize is any 600ml drink from Mad Mex (subject to availability). 15000 AU$4.90 
Prize 14: The prize is a red bull from Mad Mex. 5000 AU$4.90 
Prize 15: The prize is a can of non-alcoholic drink or water from Mad Mex. 75000 AU$3.90 
Prize 16: The prize is a Mad Mex corn chips. 50000 AU$3.00 
Prize 17: The prize is a Mad Mex mexicali taco. 25000 AU$3.00 
Prize 18: The prize is a $2 Mad Mex voucher. 100900 AU$2.00 

 

Further Prize Details: Travel Prize: 

  • Travel must be taken by 28/02/2027. Prize cannot be taken during Australian school holidays, public holidays or other peak periods. If the winner is unavailable or unwilling to travel on the dates required by the Promoter, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu. 
  • Travel itinerary will be determined by the Promoter in its absolute discretion. 
  • Prize is subject to the standard terms and conditions of individual prize and service providers. 
  • The winner and their companion must depart from and return to the same departure point and travel together. 
  • Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. 
  • The prize is subject to booking and flight availability. 
  • The winner and their companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. 
  • Frequent flyer points will not be awarded and do not form part of the prize. 
  • Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included. 
  • The winner may be required to present their credit card at check in. 
  • During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. 
  • AU$1,000 Spending Money: The winner must provide their Australian bank account details to the Promoter for the prize to be awarded. 

 

Food Prizes: 

  • For the sake of clarity, entrants are responsible for checking allergen information on the food prizes available to be won. Entrants with allergies are advised to review the allergen list prior to redeeming their prize. The Promoter will not be held responsible for any adverse reactions caused by a failure to assess the food item’s appropriateness for the winner’s (or any accompanying person(s)) individual requirements. 
  • Mad Mex food/beverage prizes may be redeemed via the Mad Mex App or at any Mad Mex store by presenting the prize barcode (via the Mad Mex App) to a staff member. 

 

Voucher Prizes: Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified with the voucher. 

Winner notification: The winners will be notified of the instant win prize they have won upon entering the unique code on the Mad Mex App. Prize 1 winner will be published on the Mad Mex app within seven (7) days of being determined. 
Unclaimed Prizes: Unwon prizes will be null and void and will not be awarded in an unclaimed prize draw. 

 

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and the Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and the Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. 
  1. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Where applicable, entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 
  1. Valid and eligible entries will be accepted during the Promotional Period. 
  1. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 
  1. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, they will forfeit the prize and the Promoter is not obliged to offer a substitute prize. 
  1. The value of the prizes is accurate and based upon the recommended retail value of the prizes where applicable (inclusive of GST) at the date of publication. The Promoter accepts no responsibility for any variation in the value of the prizes after that date. 
  1. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter. 
  1. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.  
  1. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider. 
  1. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner. 
  1. Entrants’ personal information will be collected by the Promoter directly or through the Promoter’s agents or contractors. Personal information will be stored on the Promoter’s database. Entrants consent to the Promoter using this information for future marketing purposes regarding its products, including contacting entrants electronically. The Promoter collects personal information about entrants to run this Promotion and may disclose entrants’ personal information to its related entities and to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. The Promoter may also disclose entrants’ personal information to the State and Territory lottery departments as required under the relevant lottery legislation. By entering, entrants consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. The Promoter’s Privacy Policy (see www.madmex.com.au/privacy-policy) includes information about: (a) how an entrant can seek access to the personal information the Promoter holds about them and seek correction of the information; and (b) how to complain about a privacy breach and how the Promoter will deal with such a complaint. 
  1. For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and postcode of residence. 
  1. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in its absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize.  
  1. It is a condition of accepting the prize that a winner and their travel companion(s) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.  
  1. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise. 
  1. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). 
  1. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation. 
  1. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). If a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 
  1. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. If there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision, acting reasonably, will be final. 
  1. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law). 
  1. Unless otherwise specified, a prize is a single event for the winner (and where relevant their companion) and cannot be separated into individual events or components. 
  1. The winner(s) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 
  1. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 
  1. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. 
  1. Authorised under: NSW Authority No. TP/04667 

LICENCE

Subject to your compliance at all times with these Terms of Use and any other terms notified to you in a written agreement between you and us, Mad Mex grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to: 

51.1 access and use the App on your personal device solely and exclusively in connection with your use of the Services; and 

51.2 access and use any content, Information and related materials made available through the Site or App.

Membership to the Program is free however all expenses for internet access to use the Mad Members App, access the Program website, or access benefits and rewards offered are the responsibility of the Mad Member. 

DISCLAIMER

The Information is provided by Mad Mex in good faith on an “as is” basis without warranty of any kind. Mad Mex does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Site (collectively, the Information), or that it is suitable for your intended use. 

You agree and acknowledge that you have not made known to Mad Mex either expressly or by implication, any purpose for which you require the Site, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.

The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal, financial and/or health circumstances. 

The Site may contain historical Information that is not current and is provided for reference purposes only. 

The Information does not constitute professional advice. 

Mad Mex does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Site and the Information is at your own risk. 

Mad Mex reserves the right to vary or modify the Information contained on the Site, to change or discontinue any feature or part of the Site, to change the hours of availability and the equipment required to obtain access to the Site, without notice and without liability. 

Mad Mex makes no warranties, guarantees or representations that the material on the Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded. 

All warranties, representations and implied terms and any liability which may arise in relation to your access to the Site or the Information are expressly excluded to the extent permitted by law. 

Mad Mex reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason. 

Mad Mex will use reasonable endeavours to ensure that the Site is available continuously. However, Mad Mex does not guarantee that access to the Site will be continuous or uninterrupted.

ALLERGENS & VEGAN PRODUCTS

Mad Mex will endeavour to provide allergen-free, gluten free or Vegan Products if requested by you in respect of an order. However, traces of allergens, gluten, meat and dairy may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen, gluten, meat or dairy free but we will endeavour to ensure your order is at it was ordered.

INDEMNITY & LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless Mad Mex, the Master Franchisor and related corporations, affiliates, and officers, directors, employees and agents of those entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the Site and App (including any online ordering applications); (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. 

To the extent permitted by law, Mad Mex, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information, any opinions displayed on the Site, or any information made available in response to any enquiries or the selection of goods or services referring to it. 

To the extent permitted by law, Mad Mex will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of any equipment, Mad Mex will not be liable for those costs to the extent permitted by law. 

Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Mad Mex is limited to the re-supply of the Information on the Site, or the reasonable costs of having the Information re-supplied.

LINKS TO OTHER SITES

You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Mad Mex, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites). 

The Linked Sites may have different terms of use and policies relating to privacy. 

Unless otherwise specified, the Third Party Linked Sites are not under Mad Mex’s control. The Third Party Linked Sites may have different terms of use and policies relating to privacy and may be subject to different laws. Mad Mex is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites.  Mad Mex provides these links for your convenience only.  You link to any such Third Party Linked Sites at your own risk. Mad Mex is not a party to any transaction between you and a Third Party Linked Site. Unless specified, Mad Mex does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

INTELLECTUAL PROPERTY

The copyright on the Site is owned by Mad Mex and/or its affiliates. All present and future rights are reserved. 

You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws. 

No part of the Information displayed on the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Mad Mex’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use. 

You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site. 

Commercial use of the Site and the Information is expressly prohibited. 

All trade marks and trade names which appear on this Site are proprietary to Mad Mex and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.


MISCELLANEOUS

By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia, and the courts entitled to hear appeals from those courts. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws. 

If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid. 

If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from these terms of use and the remaining provisions (and remaining part of the provision) are valid and enforceable. 

A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights. 

A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.