Terms and Conditions

1 Your acceptance of these Terms and Conditions
 
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      Eagle Boys Dial-A-Pizza Australia Pty Ltd ABN 25 003 169 391 (“Eagle Boys”) 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           Our role
 
2.1      In providing good or services via this Website, Eagle Boys:
(1)     is acting as an agent for the particular Eagle Boys franchise 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 Boys franchise 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 Boys 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 Boys franchise store, NOT Eagle Boys Dial-A-Pizza Australia Pty Ltd or its related bodies corporate, 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 or its related bodies corporate.
 
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. 
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 Eagle Boys phone Apps
 
5.1 Eagle Boys phone applications may be downloaded at this link.  By downloading any Eagle Boys 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 Methods of payment
 
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, American Express and Diners Club 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 Eagle Club
 
7.1 You may register to become a subscriber to Eagle Club (Eagle Club Subscriber) on this Website in one (1) of two (2) ways:
(1) Submitting a subscriber request by providing your email address in the “Subscribe for Deals” section of the Website to become an “Eagle Club Subscriber”; or
(2) Ticking the appropriate check box at the completion of your online order on the Website to become an “Eagle Club Subscriber”;
 
7.2 You may register to become a member of Eagle Club (Eagle Club Member) on this Website in one (1) of two (2) ways:
(1) Registering through the “Social Sign In” functionality on this Website to become an “Eagle Club Member”; or
(2) Complete the Eagle Club registration form that can be found by clicking here to become an “Eagle Club Member”.
 
7.3 Your Eagle Club Subscription or Eagle Club Membership, and access to the Eagle 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 Club Benefits or accessing the Eagle 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 Club or use the Eagle Club Benefits and must notify Eagle Boys immediately that you wish to cancel your Eagle Club Subscription or Eagle Club Membership.
 
7.4 Eagle Club Subscribers and Eagle Club Members may receive information on products and services offered by Eagle Boys, including exclusive offers, promotions and updates on Eagle Boys news and events (Eagle Club Benefits), via SMS or Email, as agreed by you at the time of subscription or registration.
 
7.5 Eagle Club Subscribers and Eagle Club Members are notified that:
(1) all products advertised by the Eagle Club are subject to availability; and
(2) pricing varies regionally.  Eagle Club Subscribers and Eagle Club Members should check online or with their local store before placing an order for any products advertised by the Eagle Club or on the Website.
 
7.6 In addition to the benefits defined in clause 7.4 above, Eagle Club Members when signed into Eagle Club on the Website will have access to the following additional benefits:
(1) the ability to view previous order history;
(2) the ability to save and name customised pizzas through the “Saved Customisation” functionality;
 (3) Eagle Boys may, at its discretion, opt to grant preview access to upcoming promotions, goods or services from time to time;
(4) the ability to create regularly ordered product templates;
(5) Eagle Boys may, at its discretion, opt to offer exclusive, limited time only offerings to Eagle Club Subscribers and Eagle Club Members.
 
8 Intellectual Property
 
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 Links to other websites
 
9.1 Eagle Boys may provide links to websites 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 Website.  Before disclosing your personal information on any other website, we advise you to examine the privacy policies of those websites.
 
10 Disclaimer
 
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 Boys does not guarantee that the Website will be error free or 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.
 
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 Boys does not undertake to keep this website updated.  Eagle Boys 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 Exclusion of liability
 
11.1 Eagle Boys 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 Boys 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 Boys or any of its franchisees 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 Indemnity
 
12.1 You must indemnify Eagle Boys, its related bodies corporate and its franchisees against all loss, actions, proceedings, costs, expenses, claims and damages arising from any breach by you of these Terms and Conditions.
 
13 Termination
 
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 Comments or complaints
 
14.1 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.
 
15 Governing law
 
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 Queensland and the Commonwealth of Australia will apply.
 
15.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia
 
16 Alterations of Terms and Conditions
 
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 Promotional Terms and Conditions
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 $3 for Double Decker™ Cheese Blast base upgrade on large pizzas;
(4) Add $4 for Double Top™ 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;
(3) The conditions surrounding “Best Deals Online” (see 17.3 below) do not apply to Cheap Tuesday.
 
17.3 “Best Deals Online”
(1) “Best Deals Online” applies to selected meal deal pricing only;
(2) “Best Deals Online” refers only to a comparison with the relevant store’s in-store menu pricing for the comparable offering;
(3) “Best Deals Online” does not guarantee that the price displayed is the lowest price available for the applicable deal across other mediums;
(4) Eagle Boys reserves the right to withdraw or alter the terms and conditions of the “Best Deals Online” promotion at any time without notice;