PIZZA CAPERS ORDERING TERMS AND CONDITIONS
Correct as at 14 October 2015
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.
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.
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 minimum order limit for delivery orders of $25.
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.
PIZZA CAPERS LOYALTY PROGRAM CHANGES
A. Pizza Capers reserves the right at all times to make any changes to the Pizza Capers Loyalty Program Terms and Conditions, rewards orbenefits offered at its sole discretion, including but not limited to:
I. Changes to rules governing:
• Progress Summaries
• Program Quarters
• Base POINTS Rate
• Expiry of accrued POINTS
• Awarding of POINTS; or
II. Changes to Benefits offered.
B. Pizza Capers will give you at least 30 days notice of any material changes (as determined by Pizza Capers) to these Terms and Conditions (excluding any changes made under Section 8.1). Pizza Capers will give you notice, no later than the day on which the change takes effect, of any other changes to these Terms and Conditions.
TERMINATION AND TRANSFER
A. Pizza Capers reserves the right to suspend or terminate your participation in the Pizza Capers Loyalty Program if Pizza Capers reasonably believes that:
I. you have breached these Terms and Conditions; or
II. a person has engaged or may engage in fraudulent, misleading or dishonest conduct, or conduct is suspected to be fraudulent, misleading or dishonest in relation to your Pizza Capers Loyalty Program account or in a claim for allocation of POINTS to you; or
III. you are no longer an Active Member.
B. Pizza Capers may, at its discretion, cancel all or any POINTS that have been issued to you if your right to participate in the Pizza Capers Loyalty Program is suspended or terminated.
C. You may terminate your participation in the Pizza Capers Loyalty Program at any time by giving Pizza Capers written notice. This can be done by emailing email@example.com. On receiving a notice of termination from you, your Pizza Capers Loyalty Program will be recorded on the Pizza Capers database as closed. You will cease to earn POINTS and your existing allocation of POINTS will be cancelled.
A. You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Pizza Capers Loyalty Program, your participation in the Pizza Capers Loyalty Program, any POINTS earned, Pizza Capers giveaways or vouchers issued or any other transaction within the Pizza Capers Loyalty Program.
B. Any failure or delay by Pizza Capers in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights by Pizza Capers. Any waiver by Pizza Capers must be in writing and signed by an authorised officer of Pizza Capers.
C. Pizza Capers reserves the right to terminate the Pizza Capers Loyalty Program at any time by giving you at least 30 days prior written notice in which case you will cease to earn POINTS, your existing allocation of POINTS will be cancelled and Pizza Capers Franchising shall have no further liability to you
D. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Pizza Capers does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:
I. the breach of any of these Terms and Conditions or any term implied by law (including statute) by any person other than Pizza Capers;
II. POINTS or any other reward or Benefit;
III. any death or injury or consequential loss or damage arising from the supply of a reward;
IV. the loss, theft or destruction of a Pizza Capers Loyalty Program or any other Benefit;
V. any failure, delay or inability to provide POINTS, a Pizza Capers Loyalty Program or other Benefit to you caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and
VI. any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with the Pizza Capers Loyalty Program.
E. Under the provisions of the Trade Practices Act 1974, Pizza Capers Franchising has obtained legal immunity under the third line forcing provisions for the Pizza Capers Loyalty Program from the Australian Competition & Consumer Commission (ACCC). Notification of this immunity can be found under Notification No. N93606 on the Public Register of Exclusive Dealings on the ACCC website at www.accc.goc.au
F. Pizza Capers may give you notice:
I. by advertisement in a newspaper circulating throughout Australia;
II. by email or sms (to the last known email address or phone number provided) or via the Pizza Capers Franchising website www.pizzacapers.com.au
III. in writing; or
IV. in an update.
G. Where Pizza Capers gives you notice by post, you agree that, unless otherwise stated in these Terms and Conditions, the notice is deemed to have been given to you:
I. on the date of actual receipt of the notice or on the date it would have been delivered in the ordinary course of post, whichever occurs first; and
II. ) if it is sent to the last known address Pizza Capers has for you in connection with the Pizza Capers Loyalty Program
H. You must advise Pizza Capers of any change of name, address, or other details as soon as the change occurs. Pizza Capers is not responsible for any failure by you to notify Pizza Capers of the change which may result in the loss of POINTS or benefits. Written proof acceptable to Pizza Capers must be supplied for any change of details. Changes to address can be made directly on the website at www.pizzacapers.com.au, emailing firstname.lastname@example.org or by calling Pizza Capers on 07 5591 3242.
I. These Pizza Capers Loyalty Program Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts in Queensland.
Pizza Capers cannot process payment with Caper Cash online. Pizza Capers will only accept payment of order using Caper Cash in store.
Pizza Capers has the right to refuse any deal that is passed its expiry date. Deals (except for Catering Packs ) are not available on public holidays, with any other offer and are limited to one per customer per transaction. Surcharges may apply for additional toppings, ½ and ½, gluten free bread, Vegan cheese and in some cases delivery. Free pizzas are always to equal or lesser value. Capers Collection pizzas will attract a$5 surcharge when they are requested in a Traditional pizza deal.
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.