Terms & Conditions

Last Updated: May 15, 2024

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Crust Pizza Australia Pty Ltd ("Crust Pizza," "we," "us," or "our") governing your use of our website, mobile application, and services.

By accessing or using our website, mobile application, or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website, mobile application, or services.

2. Use of Website and Services

2.1 Eligibility

To use our services, you must be at least 16 years of age. By using our services, you represent and warrant that you meet this requirement. If you are under 16, you may only use our services with the consent and involvement of a parent or guardian.

2.2 Account Registration

Some features of our services require you to create an account. When you register, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Acceptable Use

You agree to use our website, mobile application, and services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our services in any way that violates any applicable federal, state, local, or international law or regulation
  • Use our services to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the services
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our services, the server on which our services are stored, or any server, computer, or database connected to our services
  • Use any robot, spider, or other automatic device, process, or means to access our services for any purpose, including monitoring or copying any of the material on our services
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attack our services via a denial-of-service attack or a distributed denial-of-service attack

3. Orders and Payments

3.1 Ordering

When you place an order through our website or mobile application, you are offering to purchase the selected products. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems with your payment method.

3.2 Pricing and Payment

All prices are in Australian Dollars (AUD) and include GST. We reserve the right to change prices at any time without notice. Payment for orders must be made using one of our accepted payment methods. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge your payment method for the total amount of your order, including any applicable taxes and delivery fees.

3.3 Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays in delivery caused by circumstances beyond our reasonable control. Delivery is subject to availability of drivers and may be limited to certain areas. Additional delivery fees may apply based on your location.

4. User Content

Our services may allow you to post, submit, publish, display, or transmit content such as reviews, comments, or feedback ("User Content"). By providing User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that:

  • You own or control all rights to the User Content you post or have the right to grant the rights and licenses to us as provided in these Terms
  • Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity
  • Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

We have the right to remove any User Content that, in our sole judgment, violates these Terms or could potentially expose us or other users to any harm or liability.

5. Intellectual Property Rights

The website, mobile application, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Crust Pizza, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use our services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or mobile application, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

You must not:

  • Modify copies of any materials from the website or mobile application
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the website or mobile application

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website or mobile application in breach of the Terms, your right to use the website and mobile application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Disclaimer of Warranties

Your use of our website, mobile application, and services is at your own risk. The website, mobile application, and services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the website, mobile application, or services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the website, mobile application, or services are free of viruses or other harmful components.

We make no warranties or representations about the accuracy or completeness of the content on the website or mobile application or the content of any websites linked to the website or mobile application.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Crust Pizza, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, mobile application, services, any websites linked to it, any content on the website or mobile application or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law, which may include fraud or intentional misconduct.

8. Indemnification

You agree to defend, indemnify, and hold harmless Crust Pizza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, mobile application, or services, including, but not limited to, your User Content, any use of the website's or mobile application's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website or mobile application.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website or mobile application shall be instituted exclusively in the federal courts of Australia or the courts of the State or Territory in which our principal place of business is located. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the website, mobile application, or services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the Australian Centre for International Commercial Arbitration.

11. Waiver and Severability

No waiver by Crust Pizza of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Crust Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

The Terms constitute the sole and entire agreement between you and Crust Pizza regarding the website, mobile application, and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website, mobile application, and services.

13. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website, mobile application, and services thereafter.

Your continued use of the website, mobile application, or services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Crust Pizza Australia
Flat 46 Amanda Gardens
New Yvette B23 5RS
Australia

Email: [email protected]
Phone: +445226290280