Terms & Conditions

Last Updated: May 15, 2024

Welcome to Crust Pizza. These Terms & Conditions ("Terms") govern your use of the Crust Pizza website, mobile application, and services (collectively, the "Services"), operated by Crust Pizza Pty Ltd (ABN: 89670626, "we," "us," or "our").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

1.1 By creating an account, placing an order, or otherwise using our Services, you confirm that you are at least 16 years of age and have the legal capacity to enter into binding contracts.

1.2 If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Account Registration and Security

2.1 Some features of our Services require you to register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access to your account

2.2 We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

2.3 You are responsible for all actions taken and transactions made under your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. Ordering and Payment

3.1 Placing Orders: When placing an order through our Services, you agree to provide accurate delivery information and any other details necessary to complete your order.

3.2 Order Acceptance: Your order constitutes an offer to purchase our products. All orders are subject to acceptance and availability. We reserve the right to reject or cancel any order for any reason, including but not limited to:

  • Product unavailability
  • Errors in pricing or product information
  • Suspicion of fraudulent activity
  • Delivery address outside our service area

3.3 Pricing and Payment:

  • All prices are in Australian Dollars (AUD) and include applicable taxes unless stated otherwise.
  • We reserve the right to change prices at any time without notice.
  • Payment must be made at the time of placing your order using one of our accepted payment methods.
  • By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

3.4 Delivery:

  • Delivery times are estimates only and are not guaranteed. Various factors including weather, traffic, and high order volumes may affect delivery times.
  • We are not responsible for delays in delivery due to incorrect or incomplete delivery information provided by you.
  • Delivery is subject to our delivery area limitations. We reserve the right to refuse delivery to certain areas.

3.5 Minimum Order: We may set minimum order amounts for delivery, which may vary by location. You will be notified of any applicable minimum order amount before completing your purchase.

4. Product Information

4.1 We make every effort to display our products and their ingredients as accurately as possible. However, the actual appearance of products may vary.

4.2 We reserve the right to modify ingredients or product specifications without prior notice.

4.3 Nutritional information is provided as a guide only and may vary due to natural variations in ingredients and preparation methods.

4.4 It is your responsibility to review ingredient information and advise us of any allergies or dietary restrictions. While we take reasonable precautions, cross-contamination of allergens may occur in our kitchens.

5. Promotions, Discounts, and Loyalty Programs

5.1 Promotional Offers: We may offer promotions, discounts, and special offers from time to time. All promotions are:

  • Subject to availability
  • Valid for a limited time as specified in the offer
  • Not valid in conjunction with other offers unless specifically stated
  • Subject to additional terms and conditions as specified in the offer

5.2 Loyalty Programs: Participation in our loyalty programs is subject to separate terms and conditions that will be provided to you upon enrollment.

5.3 Vouchers and Gift Cards:

  • Vouchers and gift cards cannot be exchanged for cash or refunded.
  • Vouchers and gift cards are valid until the expiry date specified.
  • We are not responsible for lost, stolen, or damaged vouchers or gift cards.

6. Intellectual Property Rights

6.1 All content on our Services including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software is the property of Crust Pizza or our content suppliers and is protected by Australian and international copyright and trademark laws.

6.2 You may access, view, download, and print content from our Services for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

6.3 You may not reproduce, distribute, display, transmit, modify, create derivative works, or otherwise exploit any content on our Services without our prior written permission.

7. User Conduct

7.1 When using our Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe the intellectual property rights of others
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use the Services for any unlawful or fraudulent purpose
  • Harass, abuse, or harm another person
  • Submit false or misleading information
  • Use any robot, spider, scraper, or other automated means to access the Services
  • Transmit any viruses, malware, or other harmful code

7.2 We reserve the right to terminate or restrict your access to our Services if, in our sole discretion, we determine that you have violated these Terms.

8. User Content

8.1 Our Services may allow you to submit reviews, comments, suggestions, or other content ("User Content"). By submitting 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.

8.2 You represent and warrant that:

  • You own or control all rights to the User Content you submit
  • The User Content is accurate and not misleading
  • The use of your User Content will not violate these Terms or cause injury to any person or entity

8.3 We reserve the right to remove or edit any User Content at our sole discretion.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, we and our affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

9.2 Our total liability to you for all claims arising from or relating to these Terms or our Services is limited to the amount you paid to us for your order or AUD $100, whichever is greater.

9.3 The limitations of liability in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

9.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Disclaimer of Warranties

10.1 Your use of our Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 We do not warrant that:

  • The Services will meet your requirements
  • The Services will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the Services will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations
  • Any errors in the Services will be corrected

10.3 Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download of any such material.

11. Indemnification

You agree to indemnify, defend, and hold harmless Crust Pizza and its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

  • Your use of and access to the Services
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right or privacy right
  • Any claim that your User Content caused damage to a third party
  • Any false information provided in your account registration

12. Third-Party Links

12.1 Our Services may contain links to third-party websites or services that are not owned or controlled by Crust Pizza.

12.2 We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third parties or their websites.

12.3 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

12.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Termination

13.1 We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

13.2 If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

13.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

14.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of changes by posting the updated Terms on this page with a new effective date.

14.2 Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, please stop using the Services.

14.3 You are responsible for reviewing these Terms periodically for changes.

15. Governing Law and Jurisdiction

15.1 These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

15.2 You agree to submit to the personal and exclusive jurisdiction of the courts located in Australia for the resolution of any dispute arising from these Terms or your use of the Services.

15.3 You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

16. Dispute Resolution

16.1 Informal Resolution: If you have a dispute with us, you agree to contact us first and attempt to resolve the dispute with us informally by sending a written notice to [email protected]. We'll try to resolve the dispute by contacting you via email.

16.2 Formal Proceedings: If we cannot resolve the dispute within 60 days after receipt of your initial notice, either party may commence formal proceedings.

17. General Provisions

17.1 Entire Agreement: These Terms constitute the entire agreement between you and Crust Pizza regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.

17.2 Waiver: No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

17.3 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

17.4 Assignment: These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without consent.

17.5 No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

17.6 Notices: All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by email.

18. Contact Information

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

Crust Pizza Pty Ltd
Studio 87t, Anna Mount
Oliviashire, KA1 3TU
Australia

Email: [email protected]
Phone: +44 259 973 4885