Terms & Conditions
FRENDZ PIZZA &
PASTA WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions
("Website Terms") on which we, Frendz Pizza & Pasta Pty
Ltd ("we", "us" or "Frendz Pizza
& Pasta"), provide our services through our website FrendzPizza.com.au,
FrendzPizza.com and any Frendz Pizza & Pasta mobile application through
which you access our website or services (together, "Website").
Please read these Website Terms carefully before ordering any products through
the Website, as your use of the Website and purchase of any products offered on
the Website is subject to these Website Terms. By ordering products via the
Website (whether now or in the future) or continuing to use the Website, you
agree to be bound by these Website Terms.
We reserve the right to change these Website
Terms from time to time by changing them on this page. We advise you to print a
copy of these Website Terms for future reference. These Website Terms are only
in the English language.
Use of your personal information submitted via
For the avoidance of doubt, please note that
references to "Website" in these Website Terms include any
current or future version of our website FrendzPizza.com.au, FrendzPizza.com
and any Frendz Pizza & Pasta mobile application through which you access
our website or services, in each case whether accessed through any current or
future platform or device (including without limitation any mobile website,
mobile application, affiliate website or related website for accessing our
website or services that may be developed from time to time).
By accessing any part of the Website, you
indicate that you accept these Website Terms. If you do not accept these Website
Terms, you should leave the Website immediately, and you will not be able to
order any products through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1.1. Company details: Frendz
Pizza & Pasta Pty Ltd (ACN 600 508 049) is a company registered in Victoria,
Australia at 49 High Street, Wallan VIC 3756.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may
access some areas of the Website without making an Order or registering your
details with us. Most areas of the Website are open to everyone.
When you use the Website or
register an account, you will provide us with personal information such as your
name, email address, telephone number, credit or debit card information and
address. You must ensure that this information is accurate and current. We will
handle all personal information we collect in accordance with our Privacy
If you choose to register an
account or when you place your first order, we will provide you with a user
name and you will select a password. You are responsible for keeping this user
name and password secure and are responsible for all use and activity carried
out under this user name.
2.2. Acceptance of terms: By
accessing any part of the Website, you indicate that you accept these Website
Terms. If you do not accept these Website Terms, you should leave the Website
immediately, and you will not be able to order any Products through the
2.3. Revision of terms: We may
revise these Website Terms at any time. You should check the Website regularly
to review the current Website Terms, because they are binding on you. You will
be subject to the terms and conditions in force at the time that you place an
Order through us.
2.4. Responsibility: You are
responsible for making all arrangements necessary for you to have access to the
Website. You are also responsible for ensuring that all persons who access the
Website through your Internet connection are aware of these Website Terms and
that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing
an Order through the Website, you warrant that:
3.1.1. You are legally capable of
entering into binding contracts; and
3.1.2. You are at least 18 years
4. HOW TO MAKE AN ORDER AND HOW
IT IS PROCESSED
4.1. Compiling your Order: Once
you select the Products you wish to order from the menu and provide other
required information, you will be given the opportunity to submit your Order by
clicking or selecting the "proceed",
"place my order",
or similar button. It is important that you check all the information that you
enter and correct any errors before clicking or selecting this button; once you
do so we will process your Order and errors cannot be corrected.
4.2. Minimum Order Amount: We
have a minimum order amount in some cases, you may not place an order with us
until the value of your Order exceeds that amount. The minimum order amount
must be met after applying any discounts or specials that reduce the total
4.3. Amending or cancelling your
Order: Once you submit your Order and your payment has been authorised, you
will not be entitled to change or cancel your Order online (please refer to
paragraph 4.4 for details of the process relating to rejected Orders). If you
wish to change or cancel your Order, you may contact the Restaurant. However,
there is no guarantee that we will agree to your requests as we may have
already started to process your Order.
4.4. Payment authorisation: Where
any payment you make is not authorised, your Order will not be processed.
4.5. Processing your Order and rejections:
On receipt of your Order, we will begin processing and will notify you by email
that your Order has been received and is being processed. Any confirmation page
that you may see on the Website and any Order confirmation e-mail that you may
receive each merely indicate that your Order has been received and is being
processed by us, and does not necessarily mean that your Order has been
accepted by us. We have the discretion to reject Orders at any time because we
are too busy, due to weather conditions or for any other reason. We try to
accept all Orders and to communicate any rejection promptly, and we will notify
you (generally by email) as soon as reasonably practicable if a we reject your
Order. When we confirm receipt of the order and expected collection or
delivery time, we will send you an email confirmation (provided that you have
given us your email id).
4.6. Delivery of your Order:
Estimated times for deliveries and collections are provided by us are only
estimates. We do not guarantee that Orders will be delivered or will be
available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1. Taxes and delivery costs:
Prices for individual menu items will be as quoted on the Website in Australian
dollars. These prices include any applicable taxes but may exclude delivery
costs (if you opt for delivery instead of collection) and any online payment
administration charge imposed by us (if you pay for your Order online). These
will be added to the total amount due where applicable.
5.2. Incorrect pricing: This
Website contains a large number of menus and it is possible that some of the
menus may include incorrect prices. The products will be sold for the displayed
price even if the correct price for an Order is higher than the price stated on
5.3. Payment methods: Payment for
Orders must be made by an accepted credit or debit card through the Website or
in cash to the Restaurant at the point of delivery to you.
5.4. Card payments: If you pay by
credit or debit card, you may be required to show the card to the Restaurant at
the time of delivery as proof of identification and so that they can check that
the card conforms with the receipt data for the Order. Please note that from
time to time there may be delays with the processing of card payments and
transactions; this may result in delays in sums being deducted from your bank
account or charged to your credit or debit card.
5.5. Credit and discount
vouchers: A credit or discount may apply to your Order if you use a promotional
voucher or code recognised by the Website and endorsed by Frendz Pizza &
Pasta, and you pay for any balance by credit or debit card. Please refer to our
Voucher Terms & Conditions for the full terms and conditions applicable to
the use of credit and discount vouchers.
5.6. Rejected Orders: Once you
have submitted an Order that you are paying for by credit or debit card and
your payment has been authorised, you will be charged the full amount of your
Order. If your Order is subsequently rejected by us (as described in paragraph
4.4 above) or cancelled for any other reason, your bank or card issuer will
refund the relevant amount. However, this may take between up to 10 working
days (or longer, depending on your bank or card issuer). You acknowledge and
agree that we will not be responsible or liable to you in relation to this
delay by your bank or card issuer in the release of funds back into your
6. CUSTOMER CARE
6.1. General: Customer care is
extremely important to us. We will therefore try to assist you where possible
if you have any problems with your Order. You can contact us by emailing us or
by calling the telephone number shown under the "About us" link on
6.2. Questions about your Order: If your Order is taking longer
than expected or you have any other problems with your Order, you should contact
the Restaurant directly.
6.3. Changing or cancelling your
Order: If you wish to change or cancel your Order after it has been submitted
and payment has been authorised, you may contact us as described. However,
there is no guarantee that we will be able to agree to your requests as we may
have already started to process your Order.
7.1. Terms of permitted use: You
are permitted to use the Website and print and download extracts from the
Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the
Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated,
the copyright and other intellectual property rights in the Website and in
material published on it (including without limitation photographs and
graphical images) are owned by us or our licensors. These works are protected
by copyright laws and treaties around the world and all rights are reserved.
For the purposes of these Website Terms, any use of extracts from the Website
other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the
digital or paper copies of any materials that you print off in accordance with
paragraph 7.1 and you must not use any pictures, photographs or any other
graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our
status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use
any of the materials on the Website or the Website itself for commercial
purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as
stated in paragraph 7.1, the Website may not be used, and no part of the
Website may be reproduced or stored in any other website or included in any
public or private electronic retrieval system or service, without our prior
7.3. Reservation of rights: Any
rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1. Website availability: While
we try to ensure the Website is normally available twenty four (24) hours a
day, we do not undertake any obligation to do so, and we will not be liable to
you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access
to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The
transmission of information via the internet is not completely secure. Although
we take the steps required by law to protect your information, we cannot
guarantee the security of your data transmitted to the Website; any transmission
is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1.1. Other than personally
material you post, upload or transmit or upload to the Website (including without
limitation Reviews) ("Visitor
Material") will be considered non-confidential and
non-proprietary. By posting, uploading or transmitting any Visitor Material,
you represent and warrant that you own or otherwise control all of the rights
to such Visitor Material. You agree that we will have no obligations with
respect to any Visitor Material, and that we and anyone we designate will be
free to copy, disclose, distribute, incorporate and otherwise use any Visitor
Material and all data, images, sounds, text and other things embodied in it for
any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant
that any Visitor Material you post, upload or transmit does not and will not
breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You
are prohibited from posting, uploading or transmitting to or from the Website
any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable
local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised
9.2.4. contains viruses or any
other harmful programs.
9.3. Visitor Reviews Policy: In
particular (but without limitation), any Reviews that you submit through the
Website must not:
9.3.1. contain any defamatory,
obscene or offensive material;
9.3.2. promote violence or
9.3.3. infringe the intellectual
property rights of another person;
9.3.4. breach any legal duty owed
to a third party (such as a duty of confidence);
9.3.5. promote illegal activity
or invade another's privacy;
9.3.6. give the impression that
they originate from us; or
9.3.7. be used to impersonate
another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The
prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We
reserve the right (but do not undertake, except as required by law, any
obligation) and have the sole discretion to remove or edit at any time any
Reviews or other Visitor Material posted, uploaded or transmitted to the
Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3
above, is otherwise objectionable or may expose us or any third parties to any
harm or liability of any type, or for any other reason. Notwithstanding the
foregoing, we will not remove or edit reviews where we believe that doing so
would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews
and other Visitor Material contained on the Website are for information purposes
only and do not constitute advice from us. Reviews and Visitor Material reflect
the opinions of customers who have ordered through the Website or other third
parties, and any statements, advice or opinions provided by such persons are
theirs only. Accordingly, to the fullest extent permitted by law, including the
Australian Consumer Law we assume no responsibility or liability to any person
for any Reviews or other Visitor Material, including without limitation any
mistakes, defamation, obscenity, omissions or falsehoods that you may encounter
in any such materials.
9.7. Disclosure to authorities
and courts: You acknowledge that we will fully co-operate with any competent
authority requesting or directing us to disclose the identity or location of
anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2
or 9.3 or any other applicable restriction and you release us to the fullest
extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links
to third party websites on the Website are provided solely for your
convenience. If you use these links, you leave the Website. We have not
reviewed and do not control any of these third party websites (and are not
responsible for these websites or their content or availability). We do not
endorse or make any representation about these websites, their content, or the
results from using such websites or content. If you decide to access any of the
third party websites linked to the Website, you do so entirely at your own
10.2. Linking permission: You may
link to the Website's homepage (FrendzPizza.com.au or FrendzPizza.com),
10.2.1. you do so in a fair and
legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a
link from a website that is not owned by you or in a way that suggests a form
of association with or endorsement by us where none exists;
10.2.3. any website from which
you link must comply with the content standards set out in these Website Terms
(in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to
withdraw linking permission at any time and for any reason.
11.1. Website information: We may
make changes to the material on the Website, or to the Service, Products and
prices described on it, at any time without notice.
11.2 Specials listed on the
Website are subject to change. We may alter their specials at any time,
including removing or changing the terms of any loyalty discount program.
Loyalty credits earned through a loyalty discount program from us are
non-transferrable and are not redeemable for cash.
11.3. Allergy, dietary and other
menu information: If you are in doubt about allergy warnings, contents of a
dish or any other Menu Information, you should confirm with us directly before
ordering. Some of the pictures shown are indicative of the style of cuisine
only and may not be an actual photo of the dish from us.
11.4. Actions and omissions: Without
limiting the generality of the foregoing, you acknowledge and accept the
following by using the Website:
11.4.1. We do not give any
undertaking that the Products ordered from us through the Website will be of
satisfactory to your quality or suitable for your purpose and we disclaim any
11.4.2. Estimated times for
deliveries and collections are provided by us and are only estimates. We do not
guarantee that Orders will be delivered or will be available for collection
within the estimated times.
11.4.3. We have the discretion to
reject Orders at any time because they are too busy, due to weather conditions
or for any other reason.
11.5. Exclusion of terms: We provide you with access to the
Website and Service on the basis that, to the maximum extent permitted by law,
including the Australian Consumer Law, we exclude all representations,
warranties, conditions, undertakings and other terms in relation to the Website
and Service (including any representations, warranties, conditions,
undertakings and other terms which might otherwise apply to the Website or
Service, or be otherwise implied or incorporated into these Website Terms, by
statute, common law or otherwise).
13.1. Grounds for termination: We
may terminate or suspend (at our absolute discretion) your right to use the
Website and the Service immediately by notifying you in writing (including by
email) if we believe in our sole discretion that:
13.1.1. you have used the Website
in breach of paragraph 7.1 (Licence);
13.1.2. you have posted Reviews
or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material
13.1.3. you have breached
paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any
other material terms of these Website Terms.
13.2. Obligations upon
termination: Upon termination or suspension you must immediately destroy any
downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require
that some of the information or communications we send to you should be in
writing. When using the Website or ordering Products via the Website, you
accept that communication with us will be mainly electronic. We will contact you
by email or provide you with information by posting notices on the Website. For
contractual purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or
responsible for any failure to perform, or delay in performance of, any of our
obligations under these Website Terms that is caused by events outside our
reasonable control ("Force
15.2. A Force Majeure Event
includes any act, event, non-occurrence, omission or accident beyond our
reasonable control and includes in particular (without limitation) the
15.2.1. strikes, lock-outs or
other industrial action;
15.2.2. civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war;
15.2.3. fire, explosion, storm,
flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use
of public or private transport;
15.2.5. impossibility of the use
of public or private telecommunications networks; and
15.2.6. the acts, decrees,
legislation, regulations or restrictions of any government.
15.3. Our performance under these
Website Terms is deemed to be suspended for the period that any Force Majeure
Event continues, and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavours to bring any
Force Majeure Event to a close or to find a solution by which our obligations
under these Website Terms may be performed despite the Force Majeure Event.
16. GOVERNING LAW AND JURISDICTION
16.1. These Website Terms shall be governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.