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Terms and Conditions ("Terms")

 

Our Terms and Conditions were created on 23/06/2024

 

Please read these terms and conditions carefully before using Our Service.

 

Interpretation and Definitions

 

Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

 

For the purposes of these Terms and Conditions:

 

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Account” means a unique account created for You to access our Service or parts of our Service.

  • “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pizzitaly pty ltd.

  • “Country” refers to Australia.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • “Products” refer to the products or items offered for sale on the Service.

  • “Orders” mean a request by You to purchase Products from Us.

  • “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

  • “Service” refers to the Website.

  • “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.

  • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • “Website” refers to www.pizzaevino.sydney.

 

  • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgment

 

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

 

You represent that you are over the age of 18. The Company does permit those under 18 to use the Service under an adult and/or a parent surveillance.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

User Accounts

 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Content

 

You are NOT ALLOWED to post any content

 

Our Service does not allow You to post Content.

 

Email and other Content Restrictions

 

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

 

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including the Company and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Emails and other Content Backups

 

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

 

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Copyright Policy

 

Intellectual Property Infringement

 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (pjoannou@joannouca.com.au) and include in Your notice a detailed description of the alleged infringement.

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

 

You can contact our copyright agent via email (pjoannou@joannouca.com.au). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

 

Placing Orders for Products

 

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

 

Your Information

 

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

 

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

 

Order and booking Cancellation

 

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

 

  • Products availability

  • Errors in the description or prices for Products

  • Errors in Your Order

 

We reserve the right to refuse or cancel Your Order and/or your Booking if fraud or an unauthorized or illegal transaction is suspected.

 

Your Order Cancellation Rights

 

Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions and our website information

 

Availability, Errors and Inaccuracies

 

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

 

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Prices Policy

 

The Company reserves the right to revise its prices at any time prior to accepting an Order.

 

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

 

Payments

 

Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).

 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order and/or booking.

 

Promotions

 

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

 

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Intellectual Property

 

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Your Feedback to Us

 

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

Links to Other Websites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

Termination

 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

Limitation of Liability

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

"AS IS" and "AS AVAILABLE" Disclaimer

 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly

 

disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and

non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

 

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users

 

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

 

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

 

Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

 

If you have any questions about these Terms and Conditions, You can contact us:

 

Privacy Policy

This Policy was created on: 23/06/2024

Privacy Policy

 

 

Pizza e Vino values and respects the privacy of the people we deal with. Pizza e Vinois committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) (Privacy Act) and other applicable privacy laws and regulations.

 

 

This Privacy Policy (Policy) describes how we collect, hold, use and disclose your personal information, and how we maintain the quality and security of your personal information.

 

 

What is personal information?

 

 

“Personal information” means any information or opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. In general terms, this includes information or an opinion that personally identifies you either directly or indirectly.

 

 

What personal information do we collect?

 

 

The personal information we collect about you depends on the nature of your dealings with us or what you choose to share with us.

 

 

The personal information we collect about you may include:

 

 

  • Full name;

  • mailing or street address;

  • date of birth;

  • email address;

  • phone number

 

 

 

 

 

 

Under certain circumstances, Pizza e Vino may need to collect sensitive information about you. This might include any information or opinion about your racial or ethnic origin, political opinions, political association, religious or philosophical beliefs, membership of a trade union or other professional body, sexual preferences, criminal record, or health information.

 

 

If we collect your sensitive information, we will do so only with your consent, if it is necessary to prevent a serious and imminent threat to life or health, or as otherwise required or authorised by law, and we take appropriate measures to protect the security of this information.]

 

 

You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with our services or otherwise interact with you.

 

 

How do we collect your personal information?

 

 

We collect your personal information directly from you when you:

  • interact with us over the phone;

  • interact with us in person;

  • interact with us online;

  • participate in surveys or questionnaires;

  • attend an event;

  • subscribe to our mailing list;

  • apply for a position with us as an employee, contractor or volunteer;

 

 

 

 

 

How do we use your personal information?

 

 

We use personal information for many purposes in connection with our functions and activities, including the following purposes:

  • provide you with information or services that you request from us;

  • deliver to you a more personalised experience and service offering;

  • improve the quality of the services we offer;

  • internal administrative purposes;

  • marketing and research purposes;

 

 

 

 

 

Disclosure of personal information to third parties

 

 

We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information. For example, we may disclose your personal information to:

  • our third party service providers;

  • our marketing providers;

  • our professional services advisors;

 

 

 

Transfer of personal information overseas

 

 

Some of the third-party service providers we disclose personal information to may be based in or have servers located outside of Australia, including in Europe, Asia and Americas

 

 

Where we disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained. We will only disclose to overseas third parties if:

 

 

  • you have given us your consent to disclose personal information to that third party; or

  • we reasonably believe that:

    • the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the APPs; and

    • the law or binding scheme can be enforced; or

  • the disclosure is required or authorised by an Australian law or court / tribunal order.

 

 

How do we protect your personal information?

 

 

Pizza e Vino will take reasonable steps to ensure that the personal information that we hold about you is kept confidential and secure, including by:

  • [having a robust physical security of our premises and databases / records;

  • taking measures to restrict access to only personnel who need that personal information to effectively provide services to you;

  • having technological measures in place (for example, anti-virus software, fire walls);

 

 

 

Online activity

 

 

  Cookies

 

 

Pizza e Vino website uses cookies. A cookie is a small file of letters and numbers the website puts on your device if you allow it. These cookies recognise when your device has visited our website(s) before, so we can distinguish you from other users of the website. This improves your experience and Pizza e Vino  website(s).

 

 

We do not use cookies to identify you, just to improve your experience on our website(s). If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. However, if you remove or block cookies on your computer, please be aware that your browsing experience and our website’s functionality may be affected.

 

 

Website analytics

 

 

Our website uses analytics service to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.

 

 

Direct marketing

 

 

We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

 

 

You may opt-out of receiving marketing communications from us at any time by contacting us.

 

In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you.

 

 

Retention of personal information

 

 

We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.

 

 

How to access and correct your personal information

 

 

Pizza e Vino will endeavour to keep your personal information accurate, complete and up to date.

 

 

If you wish to make a request to access and / or correct the personal information we hold about you, you should make a request by contacting us and we will usually respond within 7 business days. We will deal with such a request by following the procedure outlined below:

 

 

  • over the phone

  • via email

 

 

Links to third party sites

 

 

Pizza e Vino website(s) may contain links to websites operated by third parties. If you access a third party website through our website(s), personal information may be collected by that third party website. We make no representations or warranties in relation to the privacy practices of any third party provider or website and we are not responsible for the privacy policies or the content of any third party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

 

 

Inquiries and complaints

 

For complaints about how Pizza e Vino handles, processes or manages your personal information, please contact us via email. Note we may require proof of your identity and full details of your request before we can process your complaint.

 

 

Please allow up to 7 business days for Pizza e Vino to respond to your complaint. It will not always be possible to resolve a complaint to everyone’s satisfaction. If you are not satisfied with Pizza e Vino’s response to a complaint, you have the right to contact the Office of Australian Information Commissioner at www.oaic.gov.au/ to lodge a complaint.

 

 

How to contact us

 

 

If you have a question or concern in relation to our handling of your personal information or this Policy, you can contact us for assistance as follows:

Email

office@pizzitaly.au

 

 

Contact number

0405513701

 

 

Post

Attention: Pizza e Vino

Address: Suite 1 Level 7

376, Bay St.

Brighton-Le Sands

2216 (NSW)

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