1.1 These are the terms and conditions under which you may use this website ("Website") or acquire goods or services via this Website. Please read these Terms and Conditions carefully.
1.2 In these Terms and Conditions, 'you' refers to all individuals or entities accessing this Website for any reason.
1.3 Pacific Indian Foods Pty ABN 43 138 811 284 ("Eagle Pizzeria") owns or is otherwise lawfully entitled to operate this Website.
1.4 By using this Website, you are indicating your acceptance to be bound by these Terms and Conditions.
2.1 In providing good or services via this Website, Eagle Pizzeria:
(1) is acting as an agent for the particular Eagle Pizzeria store from which the goods or services are provided (the store you selected or the closest store to the address you provide when ordering);
(2) will, as an agent for the particular Eagle Pizzeria store, process your payment; and
(3) is NOT providing any goods and services to you other than the capacity of acting as a facilitator to connect you with the appropriate Eagle Pizzeria store.
2.2 Any legal relationship that may arise as a result of you placing an order for goods or services is between you and the relevant Eagle Pizzeria store, NOT Pacific Indian Foods Pty Ltd or its related bodies corporate, and by accepting these Terms and Conditions you acknowledge that you do not have any claim against Pacific Indian Foods Pty Ltd or its related bodies corporate.
3.2 We will not store your credit card details.
4.1 Ordering over the internet enables customers to access real time pricing and information of our entire product range.
4.2 You are able to correct errors on your order up to the point at which you click the "Continue" button on the online summary page.
4.3 All online order are treated as an express intention to purchase the nominated goods (Purchase Order) for the agreed online prices.
4.4 We reserve the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
5.1 Eagle Pizzeria Vipclub phone applications may be downloaded at this link. By downloading any Eagle Pizzeria Vipclub phone application, you agree to be legally bound by the End User Licence Agreement (EULA) contained at that link, and these Terms and Conditions. If there is any inconsistency between the EULA and these Terms and Conditions, the EULA will prevail to the extent of the inconsistency.
6.1 For ordering we accept the following methods of payment:
(1) Cash payment or payment by credit or debit card when the order is collected; or
(2) Secure credit card transaction through Visa, Mastercard, and Paypal via this Website.
6.2 A payment is considered complete when the transaction has been confirmed as a complete and a message is received by you.
7.1 You may register to become a subscriber to Eagle Pizzeria Vip Club on this Website.
7.3 Your Eagle Pizzeria Vip Club Subscription or Eagle Pizzeria Vip Club Membership, and access to the Eagle Pizzeria Vip Club Benefits (as that term is defined in clause 7.4) will be governed by these Terms and Conditions including, but not limited to, this Clause 7. By subscribing or registering, using the Eagle Pizzeria Vip Club Benefits or accessing the Eagle Pizzeria Vip Club (whether by your mobile phone, PC, or any other means), you accept these Terms and Conditions without any modification. If you do not accept these Terms and Conditions, you must not continue to access the Eagle Pizzeria Vip Club or use the Eagle Pizzeria Vip Club Benefits and must notify to Eagle Pizzeria immediately that you wish to cancel your Eagle Pizzeria Vip Club Subscription or Eagle Pizzeria Vip Club Membership.
7.4 Eagle Pizzeria Vip Club Subscribers and Eagle Pizzeria Vip Club Members may receive information on products and services offered by Eagle Pizzeria, including exclusive offers, promotions and updates on to Eagle Pizzeria news and events (Eagle Pizzeria Vip Club Benefits), via SMS or Email, as agreed by you at the time of subscription or registration.
7.5 Eagle Pizzeria Vip Club Subscribers and Eagle Pizzeria Vip Club Members are notified that:
(1) all products advertised by the Eagle Pizzeria Vip Club are subject to availability; and
(2) pricing varies regionally. Eagle Pizzeria Vip Club Subscribers and Eagle Pizzeria Vip Club Members should check online or with their local store before placing an order for any products advertised by the Eagle Pizzeria Vip Club or on the Website.
8.1 The material contained on this Website, including, but not limited to, the software, design, text and graphics (including trademarks) comprised in this Website and the selection and layout of this Website, are owned or licensed by us and are protected by Australian and international intellectual property laws, including copyright.
8.2 Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
8.3 You may use the Website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, without obtaining our prior written consent.
9.1 Eagle Pizzeria may provide links to websites not operated by Eagle Pizzeria. These linked sites are not under the control of Eagle Pizzeria, and we are not responsible for the privacy practices or content of companies linked to our Website. Before disclosing your personal information on any other website, we advise you to examine the privacy policies of those websites.
10.1 Your use of the material contained on this Website is at your sole risk. Any information and data is provided on an as is basis and excludes all warranties and guarantees which may be excluded by law, including but not limited to, implied warranties and guarantees for acceptable quality and fitness for a particular purpose.
10.2 Eagle Pizzeria does not guarantee that the Website will be error free or that any errors will be corrected. Eagle Pizzeria does not guarantee that the Website will be free from viruses, works, Trojan horses or other harmful components.
10.3 Publishing information about a good or service on this Website does not ensure its availability. Goods and services are advertised subject to availability. Price information is subject to change without notice.
10.4 Eagle Pizzeria does not undertake to keep this website updated. Eagle Pizzeria and its related bodies corporate will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
11.1 Eagle Pizzeria acknowledges that there are laws (such as the Competition and Consumer Act 2010 (Cth)) that imply terms, conditions, warranties and guarantees into contracts for the supply of goods or services. Subject to these laws, Eagle Pizzeria and its officers, employees, agents, and related bodies corporate will not be liable for any cost or damages (including economic loss, loss of profits, loss of revenue and loss of data) arising out of or in connection with:
(1) the use of this Website;
(2) an inability to use this Website for any reason whatsoever; or
(3) the decision of Eagle Pizzeria or any of its stores with respect to:
(a) the supply of the goods (or equivalent goods) or services again;
(b) the payment of the cost of having the goods (or equivalent goods) or services supplied again; or
(c) refunding the price paid in respect of the supply of goods.
12.1 You must indemnify Eagle Pizzeria, its related bodies corporate and its stores against all loss, actions, proceedings, costs, expenses, claims and damages arising from any breach by you of these Terms and Conditions.
13.1 We may terminate these Terms and Conditions, your registration with or ability to access this Website and any goods or services provided to you by us, and any other agreement between us, immediately and without notice to you if you breach any of these Terms and Conditions.
14.1 Should you have any questions or concerns regarding your order, or need to request a refund, please contact the relevant Eagle Pizzeria store from which you placed the order.
15.1 If any dispute arises about these Terms and Conditions or how these Terms and Conditions apply or arising out of your use of this Website, the laws of the State of New South Wales and the Commonwealth of Australia will apply.
15.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia
16.1 We may at any time, with immediate effect, in respect of future orders, change or withdraw the Website and these terms without liability to you. Any changes to these Terms and Conditions will be placed on our Website.
17.1 Standard Terms and Conditions
(1) No topping substitutions are permitted on Cheap Eats or Mega range pizzas;
(2) Add $3 for Big Cheese Crunch, Eagle Edge and Gluten Free bases on large pizzas;
(3) Add $4 for Double Toppings base upgrade;
(5) Big Cheese Crunch and Eagle Edge are not available on Deluxe and Mega range pizzas;
(6) Unless otherwise expressly stated, all meal deals exclude Deluxe and Mega range pizzas;
(7) Surcharges apply for additional toppings, topping substitutions on Cheap Eats range pizzas, family sized upgrades, or the inclusion of Deluxe range pizzas in meal deals;
(8) Delivery is available in most areas, additional delivery surcharge applies if no delivery price is stated, minimum $22 spend (delivery fee inclusive)
(9) Although due care is taken, your meal may contain traces of meat, seafood or nuts.
(10) Please note that your topping selection may not be gluten free;
(11) Prices vary regionally, refer to your local store.
17.2 Cheap Tuesday
(1) Cheap Tuesday pricing applies to pick-up pricing only;
(2) Only selected meal deals are available on Cheap Tuesday;
Eagle Pizzeria and its stores respect the privacy of your personal information.
Eagle Pizzeria is subject to the National Privacy Principles ("NPPs") under the Privacy Act 1988 (Cth) and any similar state or territory legislation applicable to Eagle Pizzeria operations.
A copy of the National Privacy Principles can be obtained from our premises for your perusal, or you may access a copy from the Office of the Australian Information Commissioner at: www.privacy.gov.au
Personal information is any information or an opinion, whether true or not, which identifies an individual (includes health information and sensitive information). Personal information includes:
your telephone number;
your email address;
your credit card details (where applicable);
your IP address; and
your ordering history.
When personal information concerns matters of particular sensitivity it is considered sensitive information, and will be given a higher level of protection.
Sensitive information is information or opinion about an individual and can include (but is not limited to):
membership of a political association;
racial or ethnic origin;
health or disability;
membership of a professional or trade association or membership of a trade union;
religious beliefs, affiliations or philosophical beliefs;
criminal record; or
sexual preferences or practices.
We will collect personal information directly from you, when you deal with Eagle Pizzeria or its stores online, via our applications, by email, by phone or in store. We may also collect personal information that you choose to enter through our Website, including any submissions that you make or content you provide on or through our Website, such as by applying for and downloading an application for your phone.
The type of personal information that Eagle Pizzeria and/or its stores collects depends on the circumstances of collection and on the type of service you request from us. The particular purpose for which personal information is collected by Eagle Pizzeria and/or its stores is generally either specified or reasonably apparent at the time the information is collected. We usually collect information such as your name, address, contact number, email address, information about the products and services which interest you, credit card details, your IP address and cookies and applets. It is not the general practice of Eagle Pizzeria or its stores to collect sensitive information and we will only collect sensitive information with your consent.
Eagle Pizzeria and its stores use personal information for the primary purpose for which it was collected, or for secondary purposes which are related to the primary purpose. Generally, we use personal information for the following purposes:
to provide products and services that have been requested;
to communicate with you;
to assist in the management and improvement of services, including analysis of future customer needs;
to undertake marketing activities;
to process any job application you may submit;
to process any franchise application you may submit;
to comply with any laws;
to analyse our business or use of our Website or mobile device applications, enhance existing features, or develop new features products and services; and
to verify your credit card payment (if applicable).
Eagle Pizzeria and its stores may also store information about your personal details and order to help you remember and re-order the same products in future if you register as member on our website or applications.
We do not sell personal information to other organisations.
If you pay for an order with a credit card, the credit card details are required to process payment. However, they are not saved after the order is fulfilled.
If you do not provide the personal information Eagle Pizzeria and/or its stores request, we may not be able to provide you with the relevant products or services.
Eagle Pizzeria and its stores may disclose your personal information for the purpose which was either specified or reasonably apparent at the time when the information was collected. Depending on the circumstances, we may disclose personal information to:
its related bodies corporate;
its service providers and specialist advisers;
any person with a lawful entitlement to obtain the information; and
if you are paying by credit card, your details will be passed to our third party payment gateway, who receive your credit card details for internet order payment. This is a secure internet gateway that secures your credit card number during transmission. See http://www.ipsi.com.au for further details.
If Eagle Pizzeria or its stores engage a third party contractor to perform services which involves handling personal information, the contractor will be subject to the same privacy obligations as us to protect your personal information. We will also take reasonable steps to prohibit the contractor from using personal information, except for the purposes for which it was supplied.
Eagle Pizzeria and/or its stores may periodically use the personal information it collects about you to assist identifying particular products and services which it believes may be of interest and benefit to you. We may then contact you to let you know about these products and services and how they may benefit you.
If you do not want to receive any of this information, you should contact us immediately.
If Eagle Pizzeria and its stores have accurate personal information about you, it enables us to provide the best possible service.
We will take reasonable steps to ensure that the personal information it collects, uses and discloses is accurate, complete and up to date. Please advise us as soon as possible if the personal information held is inaccurate, incomplete or out of date. We will take reasonable steps to ensure your personal information is corrected.
Eagle Pizzeria and its stores will take reasonable steps to ensure your personal information is stored in a secure environment protected from unauthorised access, modification and disclosure. We use industry standard safeguards to ensure the security of personal information through physical, electronic and managerial procedures.
When we no longer require personal information, we will safely destroy the information and delete it from our systems.
You may request access to any of the personal information Eagle Pizzeria or it stores holds about you. Upon written request, we will provide you with access to the personal information we hold about you, unless there is an exemption which applies under the Privacy Act.
Your request for access will be dealt with in a reasonable time. We may charge you a fee to cover the reasonable cost of retrieval and the supply of the information to you.
If we refuse your request for access, we will provide you with reasons for the refusal.
Sometimes Eagle Pizzeria and/or its stores will transfer information to persons outside of Australia. By giving us your personal information, you consent to the disclosure of this information in this manner. We take all reasonable steps to ensure that the personal information that has been transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
In some circumstances, the handling of employee records in relation to our current or former employees is exempt from the National Privacy Principles.
If you wish to gain access to or correct your personal information or make a complaint about a breach of your privacy, you should contact us. Our contact details are available on our website.
We will respond to your query or complaint as soon as possible.