1. Your acceptance of these Terms and Conditions
1.1 These are the terms and conditions under which you may use this website or place an order on 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 This Website is owned and operated by Eagle Boys Dial-A-Pizza Australia Pty Ltd ABN 25 003 169 391 ("Eagle Boys").
1.4 By using this Website, you are indicating your acceptance to be bound by these Terms and Conditions.
2. Our role
2.1 In providing the services via this Website, Eagle Boys:
2.1.1 s acting as an agent for the particular Eagle Boys franchise store from which the products or services are provided (the store you selected or the closest store to the address you provide when ordering);
2.1.2 Will, as agent for the particular Eagle Boys franchise store, process your payment; and
2.1.3. Is NOT providing any goods and services to you other than acting as a facilitator to connect you with the appropriate Eagle Boys Store.
2.2 Any legal relationship that may arise as a result of you placing an order for goods and services is between you and the relevant Eagle Boys franchise store, NOT Eagle Boys Dial-A-Pizza Australia Pty Ltd and by accepting these Terms and Conditions you acknowledge that you do not have any claim against Eagle Boys Dial-A-Pizza Australia Pty Ltd.
3. Your Privacy
3.1 Your personal information will be handled by us in accordance with our Privacy Policy which can be accessed by clicking HERE.
3.2 We will not store your credit card details.
4. Internet Ordering
4.1 Ordering over the Internet enables customers to access real time pricing and information of our entire product range. It also allows you to view order history, create regularly ordered product templates and many other features to save time and effort.
4.3 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.
4.4 All online orders are treated as an express intention to purchase the nominated goods (Purchase Order) for the agreed online prices;
4.5 We reserve the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
5. Methods Of Payment
5.1 For ordering online we accept the following methods of payment:
5.1.1 Cash payment or payment by credit card at the store when the order is collected;
5.1.2 Secure credit card transactions through VISA, Mastercard, American Express and Diners Club via this Website.
5.2 A payment is considered complete when the transaction has been confirmed as complete and a message is received by the customer.
6. Intellectual Property
6.1 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.
6.2 Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
6.3 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, or create any other material using material on the Website, without obtaining our prior written consent.
7. Links to other web sites
7.1 Eagle Boys may provide links to web sites not operated by Eagle Boys. These linked sites are not under the control of Eagle Boys, and we are not responsible for the privacy practices or content of companies linked to our web site. Before disclosing your personal information on any other web site, we advise you to examine the privacy policies of those web sites.
8. Disclaimer
8.1 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 any warranties which may be excluded by law, including but not limited to, implied warranties for merchantability and fitness for a particular purpose.
8.2 Eagle Boys does not guarantee that the Website will be error free of that any errors will be corrected. Eagle Boys does not guarantee that the Website will be free from viruses, works, Trojan horses or other harmful components.
8.3 Publishing information about a product on this Website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice. Eagle Boys does not undertake to keep this Website updated. Eagle Boys is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
9. Exclusion of liability
9.1 Eagle Boys acknowledges that there are laws that imply terms, conditions and/or warranties into contracts for the supply of goods or services. Subject to these laws Eagle Boys and/or any of its officers, employees and/or agents will not be liable for any cost or damages (including economic loss and loss of profits) arising out of or in connection with:
9.1.1 the use of this Website;
9.1.2 an inability to use this Website for any reason whatsoever; or
9.1.3 the decision of Eagle Boys or any of its franchisees with respect to:
the supply of the goods (or equivalent goods) or services again;
or the payment of the cost of having the goods (or equivalent goods) or services supplied again.
10. Indemnity
10.1 You must indemnify Eagle Boys and its franchisees against all loss, actions, proceedings, costs, expenses, claims and damages arising from any breach by you of these Terms and Conditions.
11. Termination
11.1 We may terminate these Terms and Conditions, your registration with or ability to access this Website and/or any other service 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.
12. Comments or Complaints
12.1 Should you have any questions or concerns regarding your order, or need to request a refund, please contact the relevant Eagle Boys franchise store from which you placed the order.
13. Governing law
13.1 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 Queensland and the Commonwealth of Australia will apply.
13.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
14. Alterations of Terms and Conditions
14.1 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.