Terms of Use
WEBSITE TERMS OF USE
PIZZA MOTO PTY LTD
1. WEBSITE
(a) This website is operated by Pizza Moto Pty Ltd ACN 666 631 563 (referred to in these terms of use as we, us, or our).
(b) By using our website, you agree to bound by our terms of use listed below and any other laws or regulations which apply to our website.
(c) If you do not accept our terms of use, you must refrain from using our website.
(d) Any continued use of our website by you following this notification will represent an agreement by you to be bound by our terms of use as amended from time to time.
2. INTELLECTUAL PROPERTY RIGHTS
(a) All intellectual property rights in this website (including but not limited to our loyalty program, comic books, Gogo Moto newsletter, recipes, or merchandise) including any designs, graphics, text, logos, icons, the selection and arrangement thereof, sound recordings (if any) and all software relating to and used in connection with this website, belong to or are licensed to us.
(b) These intellectual property rights are protected by Australian and international laws.
(c) You may not copy, reproduce, adapt, store, modify, distribute, print, upload, perform, display, publish, post, frame within any other website or form of social media, or create derivative works from any part of our website, or commercialise any information obtained from any part of this website without our prior written consent.
(d) Clause 2(c) is subject to any conditions or exceptions permitted by the Copyright Act 1968 (Cth), and similar legislation which applies in your location.
3. LINKED WEBSITES
(a) Our website may contain links to other websites.
(b) These links are provided for your convenience only and may not always be maintained, current, or accurate.
(c) We are not responsible for any content, privacy policies, or privacy practices associated with those linked websites, nor do we endorse or otherwise have any responsibility for any such content not hosted on our website.
4. DATA SECURITY
4.1 Use of our website
(a) Information transmitted by you through or to our website is transmitted at your own risk.
(b) Should you become aware of any security or data problems with our website, you must inform us immediately.
(c) You must take your own precautions to prevent exposure to viruses, malicious code, or other forms of interference which may harm your device or the software you use to access our website.
(d) This website has been compiled by us on the basis of general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. It is your responsibility to assess and verify the accuracy, reliability, and completeness, of the information on this website, and to seek professional advice in relation to that information.
(e) The information on this website is not, and is not intended to be, advice, and you should not act or refrain to act on the basis of any of the material on this website without first satisfying yourself (including by obtaining independent advice) as to the truth or accuracy of all information given.
(f) We are not obligated to ensure the continual operation of our website and you understand it may be unavailable or offline from time to time, without us providing you any notice.
(g) We retain full editorial control over our website and may modify, update or discontinue any aspect of our website at any time at our sole discretion.
4.2 Your account security
(a) Areas of our website may be password protected, including any loyalty program account management areas of our website.
(b) You must ensure you maintain the confidentiality of your password, and you understand we presume:
(i) anyone who accesses our website using your credentials and password has the right to do so; and
(ii) anyone who is not you but still accesses our website using your credentials and password, is authorised by you to do so.
(c) You must change your password as soon as reasonably practicable should you believe your account has been compromised or used without your authorisation.
5. WARNINGS
(a) You warrant that your access to our website is not illegal or prohibited by laws which apply to you.
(b) We do not warrant:
(i) the accuracy, adequacy or completeness of information available on our website; nor
(ii) that we will keep our website up to date.
(c) We do not accept any responsibility for any Loss suffered as a result of any reliance by you on the accuracy or currency of information provided on our website.
(d) We do not provide any warranties with respect to our website, and you understand it is made available on an “as is” basis.
6. LIMITATION OF LIABILITY
(a) Subject to clauses 6(b) and 6(c), we are not liable for any Loss suffered by you in connection with these terms of use, or your use of our website.
(b) Subject to clause 6(c), nothing in these terms of use is intended to limit any of your rights under the Competition Law.
(c) If the Competition Law or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, then our liability for such breach is limited to:
(i) in the case of a supply of goods – replacing the goods, supplying equivalent goods or repairing the goods; or
(ii) in the case of supply of services – supplying the services again or paying the cost of having the services supplied again.
7. INDEMNITIES
(a) You agree to indemnify us for any and all Loss arising out of or in connection with:
(i) your use of our website;
(ii) any information that you provide to us via this website; or
(iii) any damage that you may cause to this website.
(b) The indemnification in this clause 7 includes, without limitation, liability relating to trade mark or copyright infringement, defamation, and any invasion of privacy.
8. GENERAL
8.1 Severability
Any part of these terms of use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the terms of use is not affected.
8.2 Survival
Any clause that is intended to survive termination of these terms of use will do so.
8.3 Governing law and jurisdiction
(a) These terms of use are governed by the laws of Queensland, Australia.
(b) You submit to the non-exclusive jurisdiction of the courts sitting in Queensland, Australia. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
9. DEFINITIONS
In these terms of use:
(a) Loss means any loss, liability, cost (including legal costs), charge, expense, penalties, fines, tax, or damage of any nature, including loss of goodwill and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including without limitation, negligence); and
(b) Competition Law means the Competition and Consumer Act 2010 (Cth).