Terms and Conditions

PIZZA CAPERS ORDERING TERMS AND CONDITIONS

Correct as at 6TH APRIL 2021

These Terms & Conditions of Use govern your use of the Pizzas Capers website and applications, including online ordering. These Terms & Conditions of Use apply to all users of the Pizza Capers website. References to 'website' include the following (as appropriate): http://www.pizzacapers.com.au, any other site, services (including web-services), software, application or media managed by Pizza Capers. Your use of the Pizza Capers website constitutes your acceptance of these Terms & Conditions of Use.

Subject to law, Pizza Capers may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Pizza Capers recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.

If you do not agree with the Terms & Conditions of Use, do not use the website or order online.

PRIVACY POLICY

The Pizza Capers Privacy Policy forms part of the Terms & Conditions of Use and can be found following this link:

https://www.pizzacapers.com.au/privacypolicy/

THE WEBSITE

Pizza Capers hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.

The website contains many valuable trademarks owned and used by Pizza Capers. These trademarks are used to distinguish Pizza Capers products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Pizza Capers.

The text, graphics and Pizza Capers html code (including flash files and java script) contained in the website are the exclusive property of Pizza Capers, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Pizza Capers.

ONLINE ORDERING

If the website or an application is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) using the electronic device which remains logged in to your registered account.

If you order online we may send you an email or SMS confirming the details of your order. The confirmation email or SMS will not constitute a tax invoice. Pizza Capers reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

Pizza Capers has a minimum order limit for delivery orders of $25, excluding delivery fee.

Any advertised price excludes 3rd Party Aggregators' pricing.

Pizza Capers does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. Pizza Capers does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Pizza Capers from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and

Reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using Pizza Capers online ordering system (whether via the website or an application) you:

acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;

acknowledge that you contract with the individual store from which you order and not Pizza Capers(except where you order from a Pizza Capers owned store) and therefore you have no claim, recourse or action against Pizza Capers whatsoever (except where you order from a Pizza Capers owned store); and

Indemnify Pizza Capers from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

CAPERS CLUB REWARDS PROGRAM - TERMS & CONDITIONS - (NEW LOYALTY PROGRAM EFFECTIVE FROM - 05/05/2021)

1. INTRODUCTION

1.1 By registering as a Member for the Pizza Capers, Capers Club, using the Pizza Capers App, using the Pizza Capers website, using or accessing your Pizza Capers Rewards or otherwise participating in the Capers Club, you accept and agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the Capers Club provided by RFGA Management Pty Ltd ACN 071 764 609 (‘Pizza Capers’).

1.2 These Terms and Conditions are intended to protect Members and Pizza Capers. It is the Member’s responsibility to read and understand them.

1.3 The Capers Club remains the property of Pizza Capers at all times.

1.4 These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia.

1.5 Pizza Capers may amend, suspend, or terminate these Terms and Conditions from time to time. The current terms and conditions are those available at https://www.pizzacapers.com.au/aboutus/terms-and-conditions. Members will be provided with a copy of the Terms and Conditions at the time of joining the Capers Club and material changes will be notified to Members in accordance with clause 6.

1.6 Any failure or delay by Pizza Capers in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Pizza Capers must be in writing and signed by an authorised officer of Pizza Capers.


2. REQUIREMENTS FOR MEMBERSHIP IN PIZZA CAPERS CAPERS CLUB

2.1 An individual is eligible to become a Member of the Capers Club if:

(a) they have a unique email address and a residential address in Australia;

(b) are over 16 years of age; and

(c) that individual either, in accordance with the terms herein:

i. downloads and registers in the Pizza Capers App; or

ii. completes the Registration at https://www.pizzacapers.com.au/users/sign_up

2.2 Notwithstanding clause 2.1, Membership is offered at the sole discretion of Pizza Capers. To avoid doubt, Pizza Capers may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).

2.3 Membership is not available to Pizza Capers Franchisee’s, employees, associated family members.

2.4 Membership is limited to one (1) account per person and is not transferable.

2.5 Membership is free.

2.6 Membership of the Capers Club is conditional on acceptance of these Terms and Conditions and the collection, use and disclosure of a Member’s personal information in accordance with the Pizza Capers Privacy Policy referred to herein, as amended from time to time with notice to the Member.


3. MEMBER OBLIGATIONS

3.1 Members are to inform Pizza Capers via written notice if:

(b) Their mobile device is lost or stolen; and/or

(c) they would like to close their account.

3.2 Members can make changes to their details directly at https://www.pizzacapers.com.au/users/my_account via the Pizza Capers website or under the ‘My Account section on the Pizza Capers App, or e-mailing marketing@pizzacapers.com.au or by post to Pizza Capers Marketing Team, PO Box 4223, Robina QLD 4230

3.3 Members are to keep their Capers Club details safe, secure, and confidential.

3.4 Pizza Capers (including a Related Entity of Pizza Capers) is not responsible for any loss (financial or otherwise), loss of points or benefits available to Capers Club Members in connection with any failure by a Member to duly notify Pizza Capers of any change in their details.

3.5 Pizza Capers (including a Related Entity of Pizza Capers) is not liable for any unauthorised use of the Pizza Capers website or App, this includes, but is not limited to, any delay by a Member to report a lost, misplaces of stolen Pizza Capers App.

3.6 The Capers Club or any rewards accumulated are not legal tender or able to be redeemed or exchanged as cash, credit or voucher and remain the property of Pizza Capers.

3.7 Members must not:

(a) act in any way which breaches these Terms and Conditions; or

(b) abuse or misuse the Capers Club or any rewards accorded to the Member as a result of Membership including by:

(i) engaging in illegal or fraudulent activities;

(ii) supply or attempting to supply false or misleading information, or making a misrepresentation to Pizza Capers;

(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions;

(iv) acting in a hostile, abusive or aggressive way towards any Pizza Capers staff.


Errors, Lost or Stolen Device

Should a Member wish to make a claim for any errors in the allocation of Pizza Capers Rewards, they must email Pizza Capers at marketing@pizzacapers.com.au with a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.

3.9 The Member must notify Pizza Capers immediately if your smart phone containing the Pizza Capers App has been lost or stolen, by contacting the Pizza Capers Marketing Team.

3.10 If a Member’s smart phone has been lost or stolen:

(a) Pizza Capers Rewards will not accrue once a Member has reported a mobile device as lost or stolen to Pizza Capers, and time has been given for the account to be secured, until a replacement account via the Pizza Capers App has been activated and issued.

(b) Pizza Capers may issue the Member with a new customer number.

(c) Any Pizza Capers Rewards earned by a Member as at the date of valid notification to Pizza Capers that the mobile device was lost or stolen will be transferred to the Member’s Pizza Capers App account.

(d) Any Pizza Capers Rewards earned on the Capers Club that was not registered may be cancelled without compensation at Pizza Capers reasonable discretion in accordance with these Terms and Conditions.

Pizza Capers may request information or identification from a Member confirming the Membership to the Capers Club. If you do not provide the requested identification or information Pizza Capers may not be able to cancel or activate a new Membership or transfer any accrued Pizza Capers Rewards or credit points.


Cancellation, Suspension and Termination

3.12 Pizza Capers reserves the right, at any time without notice, to immediately:

(a) terminate the Capers Club;

(b) suspend or terminate Membership in the Capers Club at its sole discretion (acting reasonably);

(c) decline to issue or cancel the Pizza Capers App (including any replacement)

(d) reject an application for Membership;

(e) reverse any Pizza Capers Rewards credited to an account;

(f) change the rate at which credit points are earned and/or redeemed; or

(g) change the Pizza Capers Rewards available to a Member.

3.13 Members agree that the grounds for Pizza Capers doing any of the acts in clause 3.12 include (but are not limited to):

(a) a breach of these Terms and Conditions;

(b) conduct that is an abuse of Membership, the Capers Club or undermines the legitimate interests of Pizza Capers;

(c) where Pizza Capers Rewards are earned by fraudulent, misleading, or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;

(d) a Member has not used their Pizza Capers Rewards for twelve (12) months, including earning or redemption of Pizza Capers Rewards within a consecutive twelve (12) month period;

(e) death or bankruptcy of the Member; or

(f) any other reason Pizza Capers deems reasonable.

3.14 If Pizza Capers terminates or suspends a Membership, it may at its sole discretion terminate any or all Capers Club Rewards earned on the Capers Club without compensation.

3.15 If Pizza Capers terminates the Capers Club by giving the Member at least fourteen (14) days’ Notice:

(a) the Member will not be eligible to earn Pizza Capers Rewards from the date of the Notice;

(b) the Member’s existing allocation of Pizza Capers Rewards will be forfeited and cancelled, and Pizza Capers shall have no further liability to the Member.

A Member may terminate their Membership at any time by providing written notice by email to Pizza Capers. In terminating their Membership, a Member:

(a) will not be eligible to earn Pizza Capers Rewards from the date of providing Pizza Capers with written notice;

(b) any existing allocation of Pizza Capers Rewards will be forfeited and cancelled, and Pizza Capers shall have no further liability to the Member.

3.17 Deleting the Pizza Capers App will not terminate a Member’s account.


4. PIZZA CAPERS REWARDS

4.1 The Capers Club entitles Members to receive a free large pizza after nine (9) small or large pizza’s (of equal or greater value) are purchased (i.e. 10th large pizza is free) (Free Pizza Reward). A minimum order spend of $25, excluding delivery fee, applies to all delivery orders and can not be used with any other offer.

4.2 Members who have registered will receive one (1) free large pizza each year on their birthday, which will be issued directly on the Members account via the Pizza Capers App or website (Birthday Reward). The Birthday Reward will be valid for redemption in the month of the Members birthday provided at the time of Registration. Members must complete registration at least one (1) month prior to their birthday to be eligible to receive the Birthday Reward. To activate the Birthday Reward, the Member must purchase one (1) large pizza on their account, prior to being eligible to receive the Birthday Reward. A minimum spend of $25 applies for delivery orders, excluding delivery fee, and cannot be used with any other offer.

4.3 A reward for the purposes of Capers Club, is earned each time the Member is logged in via the Pizza Capers App or website and purchases a small or large pizza at a participating Pizza Capers store (“Qualified Purchase”). For the avoidance of doubt a Qualified Purchase can only be placed online, it cannot be placed instore. A Qualified Purchase excludes all Catering Purchases and kids’ pizzas.

4.4 For each Qualified Purchase, the Member will receive one (1) credit point. After having accrued nine (9) credit points, the Member will receive one (1) free large pizza of their choice. The Free Pizza Reward must be redeemed within three (3) months from the date that the ninth (9th) credit point was applied to the Members account.

4.5 For the avoidance of doubt the Free Pizza Reward is a large size only. If two (2) or more large pizza’s are purchased in the same transaction, the cheapest large pizza price will be the Free Pizza Reward or Birthday Reward. Surcharges apply for Gluten Free options, Seafood options and extra toppings when redeeming the Free Pizza Reward and Birthday Reward. The Free Pizza Reward excludes half & half and kids pizza’s.

4.6 To obtain a credit towards a Free Pizza Reward:

(a) Members must, at the beginning of the purchase of their pizza, ensure they are logged into the Members ‘My Account’ section via the Pizza Capers website or App, when placing an order.

(b) In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with.

(c) Pizza Capers Rewards will be awarded to the Members account after their transaction has completed and are only recognised and available after they are successfully processed to the Member’s Capers Club Account.

4.7 Members can view the pizza count acquired on their Capers Club Account at any time by visiting the ‘Loyalty’ section of the Pizza Capers APP or by visiting https://www.pizzacapers.com.au/users/loyalty and entering their valid login details.

4.8 A Member may redeem no more than one (1) accrued Free Pizza Reward within any single transaction.

4.10 Members will be provided ten (10) calendar days’ notice, via email (as applicable), SMS or via notifications within the Pizza Capers App of any Pizza Capers Rewards that are due to expire so that they may avail themselves of the Capers Club and any accrued Pizza Capers Rewards.

4.11 Pizza Capers Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.

4.12 Member’s rights under these Terms and Conditions cannot be sold, transferred, or assigned except in accordance with these Terms and Conditions.

4.13 Pizza Capers Rewards are not the personal property of the Member and are only redeemable for Pizza Capers Rewards that form part of the Capers Club (as amended from time to time by Pizza Capers) and always only at participating Pizza Capers Stores.

4.14 Pizza Capers Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorised by Pizza Capers in writing.

4.15 Pizza Capers will reverse from a Member’s Capers Club account any rewards that have been or are to be credited to that Member’s Capers Club account that:

(a) have been credited to their Capers Club account in error; and/or

(b) relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or

(c) there are other grounds Pizza Capers considers reasonable to warrant a reversal including (without limitation) Pizza Capers Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.

4.17 Pizza Capers may introduce promotion programs relating to the Capers Club whereby these Terms and Conditions may be varied as applicable to such programs.

4.18 Pizza Capers reserves the right to de-register and make ineligible any Members account that has incurred an Inactive Period for twelve (12) consecutive months.

4.19 All Pizza Capers Rewards are subject to availability. Pizza Capers is not responsible if a reward is not available for any reason. Participating Pizza Capers stores may substitute a Pizza Capers Reward, at the owner’s discretion, in the event said reward is not available.

4.20 Pizza Capers reserves the right to request identification from the Member, to identify that they are the registered Capers Club Member.


5. ADDITIONAL BENEFITS AND PROMOTIONS

5.3 Members may qualify for other benefits or rewards or promotions which may be offered by Pizza Capers from time to time (“Other Benefits or promotions”).

5.4 Other Benefits or promotions will be advertised by Pizza Capers and/or its associated entities or franchisees by a method at the direction of Pizza Capers (this may include by mail, SMS, email, in participating Pizza Capers Stores’ advertising material, social media and/or the Pizza Capers website https://www.pizzacapers.com.au/users/loyalty and will have terms and conditions specific for that promotion.


6. CHANGES TO CAPERS CLUB

6.1 Subject to clause 6.2, Pizza Capers, at its discretion, may make any changes (whether material or otherwise) to these Terms and Conditions, including, without limitation:

(a) the range of Members and method of redemption;

(b) the points or credit a Member can earn per transaction;

(c) the range of Pizza Capers Rewards and the number of points or credit, or consideration, required for Pizza Capers Rewards;

(d) the period for expiry of existing or future Pizza Capers Rewards on a Member’s account.

6.2 Pizza Capers will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the Capers Club, to give Members at least twenty-one (21) days’ notice.

6.3 Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Pizza Capers notifies Members of any change:

(a) via the Pizza Capers website (https://www.pizzacapers.com.au/loyalty);

(b) the PCRC My Account page portal;

(c) by SMS;

(d) via the Member’s last disclosed postal address;

(e) via the Member’s mobile number; and/or

(f) by any other direct communications sent to Members.

6A Expiry of points under the Superseded Pizza Capers Loyalty Program:

link:

https://www.pizzacapers.com.au/privacypolicy/

(a) their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change;

(a) Any Membership with accrued points under the Superseded Pizza Capers Loyalty Program at the Launch Date of the updated Capers Club (which includes Pizza Capers Rewards) will have twelve (12) months to redeem all remaining Pizza Capers Loyalty Program points, at the rate consistent with the redemption points structure under the Superseded Pizza Capers Loyalty Program. After this time, all remaining Pizza Capers Loyalty Program points will expire (without further notice) and will not be available for redemption.

(b) As at the Launch Date of the updated Capers Club (which includes Pizza Capers Rewards) a Member is not able to earn points as awarded under the Superseded Pizza Capers Loyalty Program on any purchase made in a Pizza Capers Store.


7. LIABILITY

7.1 To the maximum extent permitted by law, Pizza Capers (including a Related Entity of Pizza Capers) will not be liable to them in any way (including negligent acts and omissions) with respect to:

(a) any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Pizza Capers;

(b) any Pizza Capers Rewards that are unused as at the date of cancellation or termination of their Membership or the Capers Club;

(c) any unauthorised use of a Capers Club membership as a delay to report fraudulent access of said Membership;

(d) for matters of and incidental to the termination or suspension of the Capers Club, Membership or the Capers Club;

(e) Pizza Capers Rewards or other benefit provided to the Member under the Capers Club;

(f) any death, loss or damage as a result of the Membership under the Capers Club;

(g) any failure or inability to provide Pizza Capers Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);

(h) any government tax, duty, other charge or liability in respect of the Capers Club incurred as a result of your Membership is the responsibility of the Member; and

(i) any other liability, loss or damage incurred by the Member (or any other person) in connection with the Capers Club.

7.2 The Member agrees that the above limitation of liability also applies to Pizza Capers (and its Related Bodies Corporate within the meaning on that term under section 50 of the Corporations Act 2001 (Cth)). Nothing in these Terms and Conditions limits the Member’s rights under the Australian Consumer Law.

8. NOTICES

8.1 The Member acknowledges and agrees that Pizza Capers may provide them Notice:

(a) by email, post or SMS to the last known postal address or email address or mobile number provided by the Member at the time of Registration; or

(b) on the Pizza Capers website or App.


9. PRIVACY, COLLECTION, USE & DISCLOSURE

9.1 This privacy notice is provided to the Member by Pizza Capers and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.

9.2 Pizza Capers’ Privacy Policy can be obtained via our website (https://www.pizzacapers.com.au/privacypolicy/). The Member acknowledges and agrees that they have read and understand the privacy policy, including (without limitation) the collection, use and disclosure of personal information.

9.3 The Member consents to Pizza Capers contacting them from time to time, including email, telephone, post and electronic (i.e. SMS, internet) methods.

9.4 Collection: The information Pizza Capers collects is:

(a) the information provided by the Member on the registration page of the Pizza Capers App or website located at https://www.pizzacapers.com.au/users/my_account;

(b) transactional information when the Member shops using the Pizza Capers App or Website such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;

(c) information the Member may provide from time to time through contact with the Pizza Capers website or that the Member provides on the Pizza Capers website at https://www.pizzacapers.com.au or https://www.pizzacapers.com.au/users/my_account;

(d) information regarding the Member’s payment preferences in conjunction with the Pizza Capers App and/or website;

(e) information to improve the Pizza Capers website and services, including by means of product development and market and behavioural research; and

(f) information for operational management of the Capers Club.

9.5 Marketing consent: the Member provides their express consent to Pizza Capers:

(a) sending the Member marketing communications via mail, email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.

(b) The Member can opt out of receiving all or any communications listed above:

(i) for email and digital advertising by updating their email preferences;

(ii) for in-app notifications via their app preferences;

(iii) for SMS messages, by opting out directly from an SMS.

9.6 The use and disclosure of the Member’s personal information may include (but not limited to):

(a) use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Pizza Capers; and

(b) for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Pizza Capers or at a Pizza Capers Store.

9.7 Pizza Capers will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Pizza Capers.

9.8 The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Pizza Capers is not liable for unauthorised access.

9.9 The Member agrees that in using the Pizza Capers App and/or Website, they consent to our use of the location of their device, in order that Pizza Capers can provide the Pizza Capers App and Website functionalities to the Member, such as store location and delivery options.

9.10 Pizza Capers reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.

9.11 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the Capers Club.


DEFINITIONS

Catering Purchases” means all purchases made via the Pizza Capers Catering tab on the Website and or App.

Capers Club” means the loyalty program operated and managed by Pizza Capers under which a Member may accrue or redeem Pizza Capers Rewards in accordance with these Terms and Conditions.

Pizza Capers App” means the App scheme provided by Pizza Capers for use by each Member in relation to the Pizza Capers Rewards and/or purchases.

Pizza Capers Marketing Team” means the marketing team of Pizza Capers. The Pizza Capers Marketing Team can be contacted via the following methods:

(a) email – marketing@pizzacapers.com.au

(b) post – Pizza Capers Marketing Team, PO Box 4223, Robina QLD 4230

Pizza Capers Rewards” means Pizza and/or promotional prizes (including goods and services, as nominated by Pizza Capers from time to time in its absolute discretion and subject always to availability).

Pizza Capers Store” means any franchised or corporate operated Pizza Capers store (for a full list of store locations visit https://www.pizzacapers.com.au/stores/).

Inactive Period” means either one of the following as the context applies:

(i) the time between the Purchase and Registration;

(ii) the time between last use of the Capers Club and when the Capers Club membership was reactivated in accordance with these Terms and Conditions; or

(iii) no purchase activity for twelve (12) consecutive months.

“Launch Date” means 05/05/2021

“Member” means reference to ‘you’ and ‘your’ and a person who has Registered online in the Capers Club.

“Membership” means a Member of the Capers Club who has completed Registration.

“My Account” means the Member’s home page, located on the Pizza Capers App and/or website

“Registration” means registering your details (including your full name, sex, date of birth, email address, telephone or mobile phone number and postal address) in the My Account section of the Pizza Capers App, and or at the Pizza Capers website https://www.pizzacapers.com.au/users/my_account.

“Related Entity” has the meaning defined in the Corporations Act 2001 (Cth).

“Superseded Pizza Capers Loyalty Program” means the superseded Pizza Capers Loyalty Program together with all points associated with the superseded rewards system in place prior to the Launch Date.

“Terms and Conditions” means the Capers Club Terms and Conditions set out in this agreement (as amended by Pizza Capers from time to time in accordance with this agreement).

10. GENERAL

10.1 In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 764 609 (‘Pizza Capers’) or its authorised representatives.

10.2 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

CAPER CASH

Pizza Capers cannot process payment with Caper Cash online. Pizza Capers will only accept payment of order using Caper Cash in store.

DEALS

Pizza Capers has the right to refuse any deal that is passed its expiry date. Deals (excluding Catering Packs ) are not available on public holidays, with any other offer and are limited to one per customer per transaction. Excludes ½ & ½. Surcharges may apply for additional toppings, gluten free options, Seafood Pizzas and in some cases delivery. Free pizzas are always to equal or lesser value. Capers Collection pizzas will attract a surcharge when they are requested in a Base Range or Traditional pizza deal.

INDEMNITY

You agree to defend, indemnify and hold harmless Pizza Capers, Retail Food Group and related corporations, affiliates, and the officers, directors, employees and agents of these 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 website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Pizza Capers.

GENERAL

These Terms & Conditions of Use shall be governed by the laws of the Queensland, Australia. Any claim or dispute between you and Pizza Capers that arises in whole or in part from the Pizza Capers website shall be decided exclusively by a court of competent jurisdiction located in Brisbane, Queensland. These Terms & Conditions of Use, together with the Pizza Capers website Privacy Policy and any other legal notices published by Pizza Capers on the website, shall constitute the entire agreement between you and Pizza Capers concerning the website.

If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Pizza Capers to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.