Terms and Conditions
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.
CAPER CLUB LOYALTY PROGRAM
In these Terms and Conditions: "Active Member" is a member who has recorded Pizza Capers Points activity by at least one purchase in any 6 month consecutive period. "Application Form" means the Application Form required to be completed by the individual to become a member. "Base Pizza Capers Points Rate" means the minimum number of Pizza Capers Points issued per dollar spent on an Eligible Transaction. This is currently set at 1 (one) POINT per every $5 (five dollars) spent and may vary as advised to you from Pizza Capers Franchising from time to time. "Benefits" means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time. "Dollar" or "$" means Australian dollars. “Eligible Transaction" means any purchase of "Member" means the person who is a member of the Pizza Capers Loyalty Program and whose name is registered on the Pizza Capers Loyalty Program. "Membership" means membership of the Pizza Capers Loyalty Program. "Pizza Capers POINTS” means those rewards made available from time to time to the Member by Pizza Capers. "Pizza Capers Store" means any Pizza Capers store, whether it be a franchise or corporately owned. "Pizza Capers Loyalty Program" or "Caper Club" means the Loyalty Program provided by Pizza Capers for use by each Member in relation to the Pizza Capers Loyalty Program. "Pizza Capers Loyalty Program" means the loyalty program operated and managed by Pizza Capers Franchising by which a Member may accrue or redeem Points in accordance with these Terms and Conditions.
PARTICIPATION AND MEMBERSHIP
A. Participation in the Pizza Capers Loyalty Program is open only to individuals (including employees of Pizza Capers Franchising). Participation is offered at the discretion of Pizza Capers and Pizza Capers has the right to accept or reject any application to participate at its sole discretion.
B. Membership to the Pizza Capers Loyalty Program entails no fee and Membership continues for the term of the Pizza Capers Loyalty Program for Active Members.
C. Membership is limited to one Pizza Capers Loyalty Program per person.
D. You will be bound by these Terms and Conditions, as amended from time to time, upon signing the Pizza Capers Loyalty Program Application Form. These Terms and Conditions are deemed to have been accepted and will be binding on a Member upon first use of a Pizza Capers Loyalty Program on completing the Application Form online at www.pizzacapers.com.au
E. Points will not be awarded until these Terms and Conditions have become binding on you.
F. All Members will be assigned a membership number based on the phone number presented at registration This number will be used for identification purposes by Pizza Capers.
G. Membership may be cancelled/ refused to individuals by Pizza Capers at its discretion, if Membership is deemed to be fraudulent or linked to a fraudulent Membership. In this case all Pizza Capers Points will be cancelled.
H. Pizza Capers gives no guarantee that its website or other computer services will be available at all times.
I. The Pizza Capers Loyalty Program is a reward system only.
J. Membership of Pizza Capers Loyalty Program must be used at least once every 6 months to maintain an active status; otherwise the Membership will be registered inactive until such time as Pizza Capers Franchising has been notified.
EARNING AND REDEEMING POINTS
A. If you are a Member:
I. you earn Points on each Eligible Transaction; and
II. you may also earn Bonus Points as a result of promotional or incentive programs offered by Pizza Capers or the Pizza Capers Loyalty Program from time to time.
B. In order to earn Points, you must present a Pizza Capers Loyalty Number at the point of sale.
C. POINTS are calculated and allocated to Members by applying the Base POINTS Rate.
D. POINTS are issued to Eligible Transaction purchases only.
E. POINTS may be redeemed by Members using the table below:
Privilege Points Required for Redemption
Calzone Bread 13
GF Bread 22
Ice Cream 30
Small Pizza 35
Large & GF Pizza 65
F. POINTS may only be redeemed for food & " Drink Menu items. POINTS are not able to be redeemed for Australian dollars.
G. POINTS can only be redeemed and issued in whole POINTS amounts. No change in Australian dollars (or POINTS) will be given in relation to any part POINTS redeemed and POINTS will only be earned for the number of whole Australian dollars spent.
H. If the Pizza Capers Loyalty Program Number is not presented at the point of sale, Pizza Capers is not obliged to issue or redeem POINTS in relation to that transaction but may do so at its discretion.
I. POINTS will be awarded to your Pizza Capers Loyalty Program account only after transactions have been verified by Pizza Capers Administration. This may take up to 30 days. Pizza Capers is not liable for any time delay.
J. POINTS and your rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
K. POINTS are not property and have only a monetary value that is only redeemable for purchases as specified by Pizza Capers.
L. Pizza Capers will deduct from your Pizza Capers Loyalty Program any POINTS that have been credited to your Pizza Capers Loyalty Program account in error and any POINTS that relate to an Eligible Transaction which has been cancelled, reversed, or relates to a refund given.
M. You can see the balance of your Pizza Capers Loyalty Program account free of charge at any time by visiting www.pizzacapers.com.au (after entering login details). Please note that it can take up to 30 days from the date of an Eligible Transaction for the POINTS to appear on your Pizza Capers Loyalty Program account balance.
N. Pizza Capers is not responsible for any time delay.
O. POINTS are only recognised and available after they are successfully processed to your Pizza Capers Loyalty Program account.
P. POINTS will be deducted if the POINTS are deemed by Pizza Capers to be earned through fraudulent, misleading or dishonest conduct.
Q. POINTS can only be earned by individual Members for their own personal purchases.
R. As a Member any accrued POINTS will become inactive by Pizza Capers after within 6 months from the date they were allocated to your Pizza Capers Loyalty Program account if the account has no transaction history within this period.
S. The maximum amount of POINTS accruable is 30 POINTS (any transactions above this amount will not accrue on the Members account balance).
T. For stores that are temporarily offline points may not be able to be redeemed or earned. All effort will be made to collect this data at a later time to update accounts.
OTHER BENEFITS AND SPECIAL PROMOTIONS
A. The current features and benefits of the Pizza Capers Loyalty Program are described on the Pizza Capers website from time to time, which you can accessing www.pizzacapers.com.au
B. If Pizza Capers makes available a special Pizza Capers Loyalty Program promotion, Pizza Capers will advertise this, by notice via mail, email, sms, the Pizza Capers website (www.pizzacapers.com.au) or in the relevant Pizza Capers stores. Terms and Conditions specific to that promotion may include such details relating (but not limited) to:
I. the eligible purchases;
II. the period during which an eligible purchase must be made for it to be the subject of the special promotion; and
III. the length of the relevant special promotion term.
C. If Pizza Capers invites you to a special event, your Pizza Capers Loyalty Membership number may be required to be presented to gain admittance or discount.
D. Pizza Capers may from time to time permit the redemption of POINTS for rewards other than Pizza Capers purchases (at it's discretion). Pizza Capers will notify you of these rewards, and the terms on which POINTS can be redeemed for these rewards, in accordance with these Terms and Conditions.
E. From time to time Pizza Capers may send you offers in conjunction with other loyalty programs operated within Pizza Capers stores.
F. From time to time Pizza Capers may send you offers from partners of Pizza Capers or Pizza Capers stores.
ERRORS AND LOST AND STOLEN MEMBERSHIPS OR PIZZA CAPERS LOYALTY PROGRAMS
A. Pizza Capers may send you a quarterly updates. You should check each update carefully and if you think there may be an error you should contact Pizza Capers on 07 5591 3242 or email firstname.lastname@example.org. Pizza Capers may require you to confirm in writing, with supporting sales receipts or other evidence, the details of any error you believe may have occurred. Any matter relating to the earning or allocation of POINTS or rewards will be resolved at Pizza Capers' sole and absolute discretion.
B. You must notify Pizza Capers immediately if a Pizza Capers Loyalty Program Number is lost or stolen. Pizza Capers is not liable for any delay in replacing Pizza Capers Loyalty Programs or for any unauthorised use of a Pizza Capers Loyalty Program.
C. Lost or stolen Pizza Capers Loyalty Programs must be reported as soon as possible to the Pizza Capers Administration on 07 5591 3242 or email@example.com
D. If a Pizza Capers Loyalty Member Number is lost, stolen or misplaced, a replacement Pizza Capers Loyalty Program Number can be ordered by the Member and all POINTS will be transferred.
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 firstname.lastname@example.org. 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 email@example.com 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 base 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.