Terms and Conditions of Use
These Terms & Conditions of Use govern your use of the Mosaic Pizza website and applications, including online and SMS ordering.
References to ‘website’ include the following (as appropriate): https://www.mosaicpizza.com.au services (including web-services), software, application or media managed by Mosaic Pizza. Your use of the Mosaic Pizza website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Mosaic Pizza may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Mosaic Pizza recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online or via SMS.
These Terms & Conditions of Use apply to all users of the Mosaic Pizza website. The Mosaic Pizza website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve Mosaic Pizza from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE WEBSITE
Mosaic Pizza hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that
(1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and
(2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and
(3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Mosaic Pizza website, online or SMS ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like. Notwithstanding the foregoing, Mosaic Pizza grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mosaic Pizza reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
INTELLECTUAL PROPERTY RIGHTS
The website contains valuable trademarks owned and used by Mosaic Pizza and its subsidiaries, Master Franchisor, affiliates and related entities throughout the world. These trademarks are used to distinguish the Mosaic Pizza quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Mosaic Pizza.
The text, graphics and Mosaic Pizza html code (including flash files and java script) contained in the website are the exclusive property of Mosaic Pizza, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Mosaic Pizza.
The website may link to sites not maintained by or related to Mosaic Pizza. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Mosaic Pizza. Mosaic Pizza has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Mosaic Pizza makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Mosaic Pizza does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Mosaic Pizza website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mosaic Pizza, subject to copyright and other intellectual property rights under Australian and New Zealand laws (as applicable) and international conventions. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mosaic Pizza reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The Mosaic Pizza website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by Mosaic Pizza, the submissions become property of Mosaic Pizza. You understand that whether or not such User Submissions are published on the website, Mosaic Pizza does not guarantee any confidentiality with respect to any submissions. You agree that Mosaic Pizza may publish your name and submissions on the Mosaic Pizza website, Mosaic Pizza-managed social media, advertising, print material or in any other press releases of media items.
In connection with your own User Submissions, you affirm, represent and warrant that:
1. you own or have the necessary licenses, rights, consents and permissions to use and authorise Mosaic Pizza to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and
2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Mosaic Pizza. By submitting the User Submissions to Mosaic Pizza, you hereby grant Mosaic Pizza a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Mosaic Pizza business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
3. in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mosaic Pizza all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Mosaic Pizza or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
4. Mosaic Pizza does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mosaic Pizza expressly disclaims any and all liability in connection with User Submissions. Mosaic Pizza does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Mosaic Pizza will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Mosaic Pizza reserves the right to remove content and User Submissions without prior notice.
5. Mosaic Pizza may also terminate, without notice, a user’s access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. Mosaic Pizza also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mosaic Pizza may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
ONLINE ORDERING VIA THE WEBSITE, APPLICATIONS AND SMS ORDERING
You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge full responsibility for your use of SMS ordering. You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) or places any SMS order, using an electronic device which remains logged in to, or associated with, your registered account.
If you order online, or submit an SMS order, we may send you an email or SMS confirming the details of your order. If you download any of our mobile applications you will receive notifications, if your smart device settings enable you to do so. The confirmation email or SMS will not constitute a tax invoice. The Mosaic Pizza online or SMS ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Mosaic Pizza reserves the right to refuse service, terminate your access to the website or online or SMS ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making the Mosaic Pizza online and SMS ordering system (website and applications) available for use, Mosaic Pizza:
1. makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
5. does not guarantee that the website, applications and online or SMS ordering system will be error-free or that any errors will be corrected. Mosaic Pizza does not guarantee that the website, applications or online or SMS ordering system will be free from viruses or other harmful components and you agree to hold harmless Mosaic Pizza from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
6. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using Mosaic Pizza online or SMS ordering system (whether via the website, an application or electronic device) you:
1. acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
2. acknowledge that you contract with Mosaic Pizza and therefore you have no claim, recourse or action against Mosaic Pizza whatsoever; and
3. indemnify Mosaic Pizza from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
Most Mosaic Pizza Pizza vouchers carry a eVoucher number which can be redeemed via the Mosaic Pizza internet ordering system. Simply enter this number on the right hand side of your screen when ordering online. This information is then processed by Mosaic Pizza in order to verify and provide your discount. For the avoidance of doubt, eVouchers cannot be redeemed via SMS ordering.
VIP club membership
VIP club is Mosaic Pizza electronic communications database which our customers may join by opting-in. During your order via the Mosaic Pizza internet ordering system, you will be asked if you would like to become a VIP club member. To become a member you need to tick the box electing to become a VIP club member.
You may also provide your personal information to join as a VIP club member at the point-of sale in store, through the front page of our websites, sign up in store or via a VIP club kiosk in store or otherwise.
The database is utilised to send emails containing information such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions to subscribers (Members). VIP club Members also have the choice to opt-in to receive communication (including commercial messages and order confirmations) via SMS and, if they opt-in to this service, Mosaic Pizza may send offers and deals via SMS to these members from time to time. Members are able to opt-out from receiving further email communication or SMS at the bottom of each VIP club email and SMS.
Mosaic Pizza Online Ordering membership
You may provide your personal information, through Mosaic Pizza Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us.
If you did not love your meal then please let us know. Mosaic Pizza will assess each and every refund on its merits. Mosaic Pizza will qualify the percentage for the refund per case.
We will replace or refund your order and make sure that your next experience with us is a great one! Please be aware that while we will do everything from our end to complete this refund as soon as possible it may take up to 10 business days depending on your financial institution and the transaction type (ie. Credit card, PayPal).
If you place an order using our SMS ordering system, you acknowledge and agree that:
1. Mosaic Pizza completely relies on infrastructure and systems provided by external telecommunication providers in order to receive and send any communication relating to SMS orders; and
2. Mosaic Pizza is not responsible for any communications relating to SMS orders which are delayed or lost due to service faults outside of the Mosaic Pizza control.
If you suspect or become aware that an SMS order has not been successfully transmitted to Mosaic Pizza, please notify us via the Website Feedback Form (www.mosaicpizza.com.au/contact)
You acknowledge that you are responsible for all costs associated with sending an SMS order to Mosaic Pizza and such costs are dependent on your telecommunications service provider.
Allergen free or gluten free products
Mosaic Pizza will endeavour to provide allergen free or gluten free pizzas if requested by you, but traces of allergens or gluten may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee 100% that our pizzas are allergen or gluten free.
Allergen and gluten brochures are available in store and online (https://www.mosaicpizza.com.au/nutritional-information) for information on Mosaic Pizza products. Please consider brochures these carefully.
Mosaic Pizza will not be liable for any costs whatsoever, including medical costs, if a customer has any adverse reaction to a Mosaic Pizza product.
You agree to defend, indemnify and hold harmless Mosaic Pizza and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Mosaic Pizza.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.
Mosaic Pizza is owned by Jokolo Pty Ltd ABN 116 044 910 54