Mr Softy
The Classic Ice Cream Van Company
The original and still the best!

Terms and Conditions

Classic Ice Cream Van Pty. Ltd. (“Our Company”) strives to meet the highest standards of service to the Australian Public at all times.

Our Company takes great pride in its strict code of ethics, professionalism, cleanliness and presentation at all times.

Our Terms and Conditions are intended to clarify our service and to inform and protect our Clients, Drivers,  sub-contractors, employees and our business in the spirit of transparency and fairness.

OUR COMPANY AND VANS – Our Company’s’ head office and Central Booking Center is located in Melbourne, Victoria with affiliates and affiliated drivers all over Australia. Our van network, all over Australia, consists of more than 270 vans and growing every year.

Where possible, events will be allocated vans as displayed on our web site (https://www.mrsofty.com.au). Our Company has built and supplied many vans to owner-operators all over Australia whose services are utilized on a sub-contract basis by our Company. In the instance where all vans, owned and operated by our Company, are fully booked and not available on a requested date and time for an event, we may opt use the services of our sub-contracted operators who will provide the same standard of excellent service that our Company strives for. Clients may request photos of vans that are available to attend their event.

THE CLIENT – (“you”) is the party responsible for submitting the booking request application, confirming the acceptance of service once notified  of availability, payment (if required) for the hire of our van/s and ultimately responsible for orderly conduct of guests attending their event.

EVENTS FREE OF CHARGE – Events such as School Fetes, Charity fund raisers certain Public Events; where our vans are expected to sell their goods; are exempted from any Booking fees or charges. Our Vans, if available, will attend these events and sell their goods to the attending guests without any costs to be incurred by the event organizer. A booking Request must be completed by the event organizer to inquire on our van availability. Indication must be made on the Booking Request that: :”Guests will pay“. Notification by return email will be sent if your event qualifies for “Events free of Charge”. Our Company will accept or reject “free of charge” events at our discretion.

DONATIONS – Certain events such as school fetes, sports clubs, charity fund raisers and other events may be held by clients to help raise funds for a worthy cause. Our Company takes great pride in participating in some of the largest fund raisers organized all over Australia. Our drivers have assisted organizers raise hundreds of thousand of dollars in their fund raisers over the years. Where a donation is expected from the attending driver/s, the Client must make this known to our Company and the driver at the time of making the Booking Request by selecting in “Who is paying: Guests Pay / Donation required”. Our Driver’s reserve the right to vary and/or adjust selling prices from our published menu prices to accommodate donation requests.

Our vans donate 10% of their gross taking to your fund raiser, which equates to about 40%of their profits!

DEPOSIT & PAYMENTS – All events are prepaid. Once a Booking Request, is submitted online by the client; it is automatically relayed to all van drivers nearest to the event location based on Google Maps search of your event location.

Submitting a Booking Request is merely an application from a client to receive further information on availability and costs if any, it is not an actual booking. A copy of the Booking Request will automatically be sent to the client once submitted. The email will contain a Booking Reference which will identify the Booking Requests for any future follow up relating to that booking request.

Our Booking System will automatically reply back to the client (once our drivers respond), notifying of driver/s availability and any associated costs. This notice of availability again, is not a booking confirmation merely notification of costs (if any) and availability. All quotes are system generated so that all prices are the same all over Australia.

Should you wish to confirm your booking, you must respond to the quotation email that you have received by clicking the “Confirm”: button on that quotation email. Once the Confirm button is clicked our automated bookings system will instantly generate your Invoice for the service and and email should be receive within a few seconds. For selling events there is no Invoice generated; you will be emailed instantly the details of our driver attending your event. If you do not receive an instant email after you click the Confirm button (please check your Junk Mail), please let us know for re-sending.

PAYMENT DUE DATE – Events that are to be held more than 30 days in the future may be paid in full or by a holding deposit of 20% once an Invoice is issued. (please check Junk Mail Folder if you do not receive an Invoice or driver details once you click “Confirm”).

Full payment for all events must be received 30 days before the actual booked event date or immediately if the your event is less than 30 days in the future. A Booking is not considered locked in until a deposit or full payment is received.

Events that are booked late (30 days or less before event date) must be paid immediately by credit card or if time allows by EFT.

BOOKING ORDERS TO DRIVERS – Drivers are automatically issued with a Confirmed Booking Order, only, once a deposit or full payment has been received for an event. The client at the same time shall receive the allocated driver’s details for any last minute direct communication. Delayed payments may result in the drivers taking on other events and not being available for late paying events.

NO RESPONSE TO BOOKING REQUESTS FROM DRIVERS – Our Booking system allows up to 3 days (72 hours) for drivers to respond to Booking Requests. If no driver has indicated availability for an event our Booking System will automatically reply to the client advising that “no vans are available”.

CANCELLATIONS – Our Company understands that not all events may eventuate successfully due to unforeseen circumstances. Should the client wish to cancel a booking for any reason whatsoever they may do so 30 days before the event date and receive a full refund of any payments made or they may reschedule their event to another date (assuming we have availability) with no additional cost.

Any cancellation received 30 days or less and more than 7 days before the event date shall be subject to a 20% cancellation fee plus the costs any perishable food that was specifically preordered for that event; hot dogs, Fairy Floss or pop corn will also be deducted from any entitled refund amount.

Refund example: Ice Cream order $350 (80%) – perishable goods order $100 = $180

Any cancellation received 7 days or less before the event date shall be subject to a 50% cancellation fee plus the costs any perishable food that was specifically preordered for that event; hot dogs, Fairy Floss or pop corn will also be deducted from any entitled refund amount.

Refund example: Ice Cream order $350 (50%) – perishable goods order $100 = $75

ACCESS and PARKING – Our Vans require free, safe and legal access into venues (public or private) of where they are to attend and provide the service at events.

Our van’s dimension are 5.5m long x 2m wide x 2.8m high.

The Client must ensure appropriate clear access and parking is available for the attending van. It is the responsibility of the Client to ensure that all relevant permits (if required) are in place with local Councils if events are in a public area. Events held in Private areas such as a house, factory space, etc., normally do not require Council Event Permits. All of our vans and drivers are registered and licensed to operate in both private and public area events.

While every care is taken, when requested to enter private or public property, our Company will not be liable for any damage caused by our drivers to the private property i.e. Letterboxes, dwellings, fences, gates, driveways etc. Any resulting damage must be brought to the attention of, discussed with and settled with the attending driver there and then. Our Company allows drivers only to drive on sealed, safe driveways and thoroughfares without steep land inclines.

It is the client’s responsibility to accurately represent the access available for the van to enter and drive to the parking area at the event site, on private or public property in addition to the actual location where the service will be delivered at time of booking. If the client has not truthfully described or disclosed access and/or the parking location; our driver has sole discretion to enter or refuse entrance to an event site and the commencement of services. In such an instance of difficult or impossible entry to an event site, Our Company shall not be liable to refund monies paid for the booking to the client, any refunds must be negotiated directly with the driver attending the event. Arrangements may be made with the driver to park in a suitable location where your guests can be served.

Event Location

It is the clients responsibility to provide the correct location for events. If the client provides an incorrect or incomplete location our driver will photograph as proof of attending your location as per your Booking Request. Any payments made shall be forfeited for incorrect location details which hinders the provision our our services.

(Some clients simply enter a suburb in order to get a quotation; it is the clients responsibility to update to the full address to allow our service to be provided successfully once the quotation has been accepted, Invoiced and paid for by the client).

REFUNDS – Should the allocated driver not be able to attend an event as scheduled due to illness, mechanical or machinery failure or any other reason that prevents them from attending an event, all efforts shall be made and if time allows, for our Company to allocate an alternate driver for the event.

The Client shall be entitled to a full refund if any driver fails to show up at an event and a replacement driver cannot be allocated in time.

Our Company’s liability is limited to and up to the extent of the; Invoiced Amount that has been fully paid; for any drivers not showing up to an event. No other costs shall be accepted, entertained or allowed.

There are no refunds for any preordered serves not consumed at events; this includes ice creams and other foods items. It is solely the clients responsibility to accurately book our services with the correct catering requirements. Drivers rely on the clients supposed catering requirements when considering and accepting to attend and cater for events.

Incorrect Location details: No refunds if your location details as per your Booking Request are wrong.

CREDIT CARD REFUNDS – Credit card refunds will only be refunded to the same credit card as used to pay for an event.

DISPUTES AND UNSATISFACTORY SERVICE FROM AN ATTENDING DRIVER – Should any Client not be satisfied with the service of any of our attending driver/s they should make the same known to the driver and a resolution be sought with the attending driver/s. If not satisfied; the Client may lodge a written Complaint to our Booking Center for further follow up.

Please Note: Once a driver has attended and catered for an event payment would have already been made to the driver from our Booking Center, thus any refunds or disputes must be settled directly with the attending driver there and then. The Booking Center has little or no leverage after the event to recover or deduct any payments from the driver. The only disciplinary action that we have in place is to remove the driver from attending future events through our Booking Center. Our Company will not accept any requests for refunds, discounts or deductions after an event has been catered for by driver/s.

Any dispute arising during and after the event; is considered to be a matter between the Client and the attending driver/s.

PUBLIC LIABILITY – Our Company’s vans have Public Liability insurance in place up to $20 Million. Our sub-contracted agents and/or drivers all have their own Public Liability policy which will be made available to the client or event organizers upon request.

Clients and/or Guests wishing to enter the attending van for photos or fun will do at the sole discretion of the operator/driver and by invitation only. Our Company shall not be held liable for any accident or injury sustained entering or exiting the van. The Client agrees to fully indemnify our Company and our driver/s for any wilful damage done to the inside or to the exterior of the van by the Client or by their guests.

SOCIAL MEDIA – Our drivers may take photos of the fun at events. These photos may be published on our website and social media sites; eg. facebook, Instagram and Twitter. You are welcome to download and copy these photos if you wish. If you do not want photos taken of your event to be taken or published, please advise the same when completing the Booking Request. If you do not like any of your photos that are published, let us know and they will be removed promptly. Our Company will not be responsible or liable if the general public or your guests take photos at your event and post those on Social Media, internet or other media.

ELECTRICITY/ POWER SUPPLY – All vans offered for hire have their own power onboard and do not require to any external power source. Vans fitted with Green renewable energy are able to safely provide service indoors.

OFFICE HOURS – Our Booking Service is fully automated is manned by remote staff located all over Australia.

Our office hours: Mon to Fri 9:00am to 5:00pm (Melbourne Time)

The Booking process is fully automatic and handled by our Company web site servers and server programming.

Our “human” Operators may log on to the Booking system any time throughout the day or night from their remote locations to reply to and make arrangements as requested by email from clients and our drivers.

While we endeavor to reply to as many phone calls as possible (Monday: – Friday: 9:00am to 5:00pm) an email message is the surest method of communication. Please ensure to mention your Booking Reference number if you have received one.

It may just happen that no operator is logged on when you try to call, in which case you will be re-directed to a message bank. (Remember to tell us your Booking Reference number, if leaving a voice massage)

All booking information and complete chain of communication is securely stored on our Servers; any operator replying by email or answering your telephone call will be able to informatively assist you with any inquiry.

Classic Ice Cream Van Pty Ltd reserves the right to alter/change/amend, any/all terms and conditions at any time without notice, such changes will be displayed on this page.

Have fun at your events with our vans and please play safe!