Terms and Conditions


Maries Pizza Website and Service Terms of Use
Maries Pizza Pty Ltd can take no responsibility for representations of our menu on external sites or cached information from Google or other search engines.  Please always call our team or visit our website for the most updated information.  All coupons and deals are Pick Up only unless otherwise stated. 
Please read these Terms of Use carefully as they apply to your use of the Maries Pizza website (“Website”) and service .
By using the Website and or service, you agree to be bound by these Terms of Use which form a legally binding agreement between you and Maries Pizza. If you do not want to be bound by these Terms of Use, please do not continue to use this Website or service.
Further, we may amend these Terms of Use at any time. Your continued use of the Website and or service is considered to be acceptance of the amended Terms of Use.  All deals, offers, coupons and promotions are controlled by Maries Pizza and can be revoked or removed at any time.  Limited Time only deals or offers and their expiry dates shall be controlled by Maries Pizza exclusively unless otherwise stated.

Refund Policy-

Our goal is to put a smile on the face of anybody that chooses to buy Maries Pizza products.  Sometimes, for different reasons, we may not achieve our goal.  In this unfortunate circumstance, the following rules shall apply to refunds or remedies to fix a problem with our product and or service.  Our refund policy states that-

By law, unhappy customers must give us an opportunity to fix minor problems (4 or less toppings were wrong, delivery wait under 120 minutes).  We will do so free of charge, and within a reasonable time (within 24 hours) as per fair trading laws.

We will not provide a remedy or a refund if the customer leaves it too long to complain or if the customer lost, destroyed, damaged, disposed of or ate over 50% of the goods.  The customer must return the goods to us.  It is up to the discretion of Maries Pizza management whether they will collect the goods at their own expense.

Customer Conduct Policy-

Abusive tones or language towards members of our team, delivered directly or indirectly, in a personal, public and provocative manner is totally unacceptable and will not be tolerated.  Team Members have the right to refuse service if treatment is considered offensive, insulting or abusive.  Our Team are expected to apply professional judgement when considering the appropriate action up to and including permanent refusal to serve individuals.  Customers seen as abusive or threatening may be dealt with by police officers if deemed necessary.  Please be nice to our friendly and hard working team, they really do want to help bring a smile to your face.

Maries Pizza Copyright
The material on this Website or in any other print media released by Maries Pizza, including all information such as text, graphics, images, photographs and sound, is protected by copyright pursuant to the Copyright Act 1968 (Cth), as amended from time to time and the laws of other countries. You must not alter, reproduce, store in retrieval system or transmit the material on this Website or any part thereof, unless authorised by Maries Pizza in writing or permitted by the Copyright Act 1968 (Cth).
All images on this site or in any print media are for illustrative purposes only and may contain serving suggestions.
Trade marks
All trade marks that are included on this Website or any print media are the property of their respective owners and are protected by relevant laws in Australia and other countries. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website for personal non-commercial use, unless expressly authorised by Maries Pizza or the owner of the relevant trade mark in writing.
Links from this Website
The external linked websites within the Website are not within the control of Maries Pizza. Maries Pizza does not take responsibility for the content in, or currency of, any externally linked sites if any. The inclusion of any link within the Website does not imply endorsement by Maries Pizza of the linked website, nor does it suggest any relationship with the organisation linked unless stated otherwise.
SPAM
Maries Pizza publishes electronic addresses on this Website to facilitate communication relating to our business functions. This is not to be inferred as consent by Maries Pizza or the relevant addresses to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).
Liability
Maries Pizza makes no warranties or representations about this Website or any of its content. Maries Pizza is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise ,even if Maries Pizza is informed in advance of the possibility of such damages. Maries Pizza excludes, to the extent permitted by law, any liability which may arise as a result of the use of this Website. By using the Website, you agree to indemnify Maries Pizza for any loss or liability arising out of your use. Maries Pizza Pty Ltd can take no responsibility for representations of our menu on external sites or cached information from Google or other search engines.  Please always call our team or visit our website for the most updated information.

Maries Pizza Competition Terms & Conditions
   
1.    General Competition Rules

1.1 The promoter is Maries Pizza Pty Ltd ABN 60 852 721 806.  Maries Pizza may conduct competitions from time to time pursuant to which prizes of pizza or other property are made available to eligible persons (as set out in clause 3.1) ("Maries Pizza Competition").

1.2 These rules say who is eligible to enter a Maries Pizza Competition, how prizes will be awarded and how they may be claimed ("General Competition Rules"). In addition to the General Competition Rules, other specific terms and conditions may also apply to particular Maries Pizza Competitions ("Specific Competition Rules"). Any Specific Competition Rules applicable to any particular Maries Pizza Competition will be posted on www.mariespizza.com.au ("Web-Site") and available upon request from Maries Pizza outlets, during business hours, locations available on website.

1.3 To the extent that there is an inconsistency between the General Competition Rules and the Specific Competition Rules, the General Competition Rules prevail.

1.4 A person who enters a Maries Pizza Competition agrees to be bound by:
(a) the General Competition Rules; and
(b) the Specific Competition Rules.

2 Conduct of Competitions
At all times a Maries Pizza Competition will be conducted by Maries Pizza in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a prize in a Maries Pizza Competition). A decision of Maries Pizza is binding and conclusive and will not be challenged on the grounds that Maries Pizza failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. It is not the policy of Maries Pizza to enter into negotiations with any person who challenges a decision of Maries Pizza.

3 Eligibility

3.1 Any person may enter a Maries Pizza Competition, except for the following:
(a) a person who has previously submitted an entry in that particular Maries Pizza Competition;
(b) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of Maries Pizza, or of its related bodies corporate (as defined in section 9 of the Corporations Act);
(c) a direct family member of a person referred to in paragraph (b) above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person);
(d) a person who is not ordinarily or usually resident in Australia;
(e) a person who has refused to provide all or any of the Personal Information (as defined in clause 4.10) requested by Maries Pizza, in the absolute discretion of Maries Pizza;
(f) a person who within the 30 days prior to the day on which the Maries Pizza Competition was first announced has won a prize in a Maries Pizza Competition conducted earlier in time the value of which is greater than or equal to $50;
(g) a person who within the 90 days prior to the day on which the Maries Pizza Competition was first announced has won a prize in a Maries Pizza Competition conducted earlier in time the value of which is greater than or equal to $1,000;
(h) a person who within the 12 months prior to the day on which Maries Pizza Competition was first announced has won a prize in a Maries Pizza Competition conducted earlier in time the value of which is greater than or equal to $10,000;
(i) a competitor of Maries Pizza or of any of its related bodies corporate (as defined in section 9 of the Corporations Act);
(j) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of a person referred to in paragraph (i) above;
(k) a direct family member of a person referred to in paragraph (j) above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person); and
(l) any other person or class or persons prescribed by Maries Pizza in any Specific Competition Rules.
 

3.2
(a) For the purposes of clause 3.1 a "person" means a natural person and no other kind of person.
(b) For the purposes of clause 3.1 (f) to (h):
(i) a person will be taken to have won a prize if he or she was announced as the winner by Maries Pizza by phone or email or on the Web-Site (or in any other place) and will be taken to have won the prize on the day that the announcement was first made, irrespective of whether that person collects the prize within the prescribed period;
(ii) the value of the prize which a person has won in a Maries Pizza Competition includes a prize won in more than one Maries Pizza Competition conducted during the relevant time period; and
(iii) Maries Pizza will, in its absolute discretion, determine the value of the prize won by a person in a Maries Pizza Competition during a time period.
(c) For the purpose of clause 3.1(i) a person will be taken to be a competitor of Maries Pizza or any of its related bodies if that person competes (directly or indirectly) for customers of Maries Pizza or a related body corporate of Maries Pizza, as the case may be.

3.3
For the avoidance of doubt, a person described in clauses 3.1 (a) to (l):
(a) has no entitlement, right or interest in:
(i) Maries Pizza Competition for which he or she is ineligible, even if by the oversight of Maries Pizza or for any other reason an entry submitted by that person is accepted or received by Maries Pizza; or
(ii) any prize awarded in relation to Maries Pizza Competition for which he or she is ineligible, even if that person is announced as the winner the prize; and
(b) will be required at the direction of Maries Pizza to return, refund or otherwise make restitution of any prize awarded to that person by Maries Pizza in relation to Maries Pizza Competition for which he or she is ineligible.

3.4
Maries Pizza reserves the right at all times and in its absolute discretion to withdraw an announcement that a person described in clause 3.1 (a) to (l) has won a prize in a Maries Pizza Competition for which he or she is ineligible.

4 Competition Entries

4.1
Maries Pizza may in its absolute discretion accept entries in a Maries Pizza Competition by any of the following means as applicable to specific competitions:
(a) telephone;
(b) facsimile;
(c) e-mail;
(d) Short-Message-Service ("SMS") message;
(e) through the Web-Site; and
(f) any other means, and using any technology, that Maries Pizza (in its absolute discretion) thinks fit.

4.2
Maries Pizza may prescribe the means by which it will accept entries in a particular Maries Pizza Competition in any Specific Competition Rules applicable to that Maries Pizza Competition. Maries Pizza is under no obligation to accept entries by any or all of the means described in clause 4.1. The fact that Maries Pizza has accepted one or some entries by one of the means described in clause 4.1 does not mean that it is required to do the same in relation to other entries.

4.3
For the purpose of these General Competition Rules (including without limitation clause 1.4), a person will be taken to have entered a Maries Pizza Competition when he or she:
(a) completes an entry form in it’s entirety and submits in store;
(b) successfully transmits a facsimile to Maries Pizza;
(c) sends an e-mail to Maries Pizza;
(d) sends a SMS message to Maries Pizza; or
(e) submits an entry form over the Web-Site,
as the case may be, for the purpose of entering the relevant Maries Pizza Competition.

4.4
(a) A person who enters a Maries Pizza Competition:
(i) may be required by Maries Pizza in its absolute discretion to participate in any promotional activities selected by Maries Pizza in its absolute discretion for the benefit of Maries Pizza (including, without limitation, participating in a sound recording, photograph, video or film session); and
(ii) must not participate in any media activities (including without limitation any activity involving radio, print, television or the internet) for the purpose of, or which involves, discussing, commenting on, expressing a view of or giving an account of Maries Pizza, its operations, its related bodies corporate or a Maries Pizza Competition without the prior written consent of Maries Pizza.
(b) A person who participates in promotional activities referred to in clause 4.4(a) must express a positive view (and refrain from expressing a negative or disparaging view) of Maries Pizza, its operations, its related bodies corporate or the Maries Pizza Competition.

4.5
A person who has entered a Maries Pizza Competition acknowledges that Maries Pizza has the right to use any materials generated pursuant to activities referred to in clause 4.4 (and any other material generated by it in the conduct of a Maries Pizza Competition) in any medium and in any manner it sees fit.

4.6
Maries Pizza Competition entries and material submitted in connection with any Maries Pizza Competition (whether in written, audio, electronic, visual (still or moving) or other form, or any combination of them) or any photographs, video, film footage or audio recording taken of a person who enters a Maries Pizza Competition, together with any intellectual property rights associated with them, are at all times the property of Maries Pizza. Maries Pizza may use that material and any intellectual property rights in it in any medium and in any manner it sees fit. For the avoidance of doubt copyright in any such material becomes and remains the sole property of Maries Pizza.

4.7
Maries Pizza may publicise, broadcast or otherwise disclose the name, character, likeness, statements or any recording of the voice of a person who enters a Maries Pizza Competition in advertising or promotional activities concerning a Maries Pizza Competition, or for any other purpose. Maries Pizza may promote or advertise that a winner has won a prize in a Maries Pizza Competition in any form and in any medium it thinks fit.

4.10
A person who enters a Maries Pizza Competition may be required to submit personal or confidential information about himself or herself (including without limitation his or her name, address, telephone number, e-mail address, marital status, occupation, spending preferences or any other such information) ("Personal Information") to Maries Pizza. Maries Pizza will treat any Personal Information obtained from a person who enters a Maries Pizza Competition in accordance with its Privacy Policy. Maries Pizza may:
(a) record and use the Personal Information for its own marketing, planning, product development, promotional and research purposes; and
(b) refuse to accept an entry which does not contain all or any of the Personal Information requested by Maries Pizza.

4.11
A person who enters a Maries Pizza Competition releases from and indemnifies Maries Pizza from and against, all liability, cost, loss or expense arising out of acceptance of any prize or participation in any Maries Pizza Competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

5 Prizes

5.1
Prizes in a Maries Pizza Competition will be awarded in the absolute discretion of Maries Pizza. For the avoidance of doubt, a decision in relation to a prize in a Maries Pizza Competition is subject to clause 2.

5.2
It is a condition to claiming a prize in a Maries Pizza Competition that the person claiming the prize:
(a) is eligible to enter Maries Pizza Competition to which the prize relates under clause 3.1;
(b) is announced by Maries Pizza as the winner of that prize by phone call, email on the Web-Site or through any other means;
(c) demonstrates to the satisfaction of Maries Pizza that he or she is the winner of the prize (for example, by producing photo-identification, such as driver's licence or passport);
(d) is not prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner; and
(e) has complied with any request made by Maries Pizza under the General Competition or any Specific Competition Rules which apply to that Maries Pizza Competition, including without limitation a direction under clauses 4.4(a)(i) and 5.9.

5.3
For the purpose of clause 5.2(d) if it is a requirement of law that a person be of a minimum age to be able to lawful use or otherwise enjoy the prize in question, the person claiming the prize must demonstrate to the satisfaction of Maries Pizza that he or she is at least the age required by law for that purpose (eg, by drivers' licence, passport or other means) and may be required by Maries Pizza to sign a declaration to that effect. Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, Maries Pizza may, in its absolute discretion, award the prize to the winner's lawful parent or guardian.

5.4
All prizes must be collected within 3 months of the date on which the prize was won (as determined in accordance with clause 3.2(b) (i). After that time, unclaimed prizes will be dealt with according to legislative requirements. Maries Pizza is under no obligation to notify a winner in person of the fact that he or she has won a prize or of the amount of time he or she has to collect the prize. At all times, it is the sole responsibility of the winner to collect his or her prize.

5.5
All prizes must be claimed in person from Maries Pizza unless the winner is otherwise advised by Maries Pizza.

5.6
In exceptional circumstances, Maries Pizza may elect in its absolute discretion to deliver the prize to the winner by post or courier. However, no responsibility will be accepted by Maries Pizza for the safe and effective delivery of the prize. The winner accepts all risk in relation to the safe and timely delivery of the prize. All prizes must be collected within 30 days.

5.7
Subject to acceptance by Maries Pizza in its absolute discretion, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and produce photo identification which demonstrates to the satisfaction of Maries Pizza that he or she is the winner's representative.

5.8
In the event that a winner fails to collect a prize within the prescribed time limit or chooses not to accept a prize, that person irrevocably relinquishes all right, title or interest in the prize. All claims to that prize will be dealt with by Maries Pizza in its absolute discretion. For the purpose of clauses 3.1 a person described in this clause 5.8 will be deemed to have won a prize in a Maries Pizza Competition on the day referred to in clause 3.2(b) (i) notwithstanding their failure to collect it.

5.9
If requested to do so by Maries Pizza, the winner of a prize under a Maries Pizza Competition must:
(a) sign a copy of the General Competition Rules and any Specific Competition Rules; and
(b) sign a form declaring that he or she has received and accepted the prize; and
(c) execute a Deed of Release and Indemnity in the form prescribed by Maries Pizza releasing and indemnifying Maries Pizza in respect of any liability of Maries Pizza in connection with the Maries Pizza Competition under which he or she has won the prize and any liability in connection with the acceptance, use and enjoyment of the prize.

5.10
Nothing in clause 5.9(a) or (b) affects the time on which the person who has entered the Maries Pizza Competition is taken to have agreed to be bound by the General Competition Rules or the Specific Competition Rules.

5.11
If the winner of a prize is a minor (ie under the age of 18 years) on the date he or she wishes to collect the prize, that person must be accompanied by a parent or guardian. Both the winner and the parent or guardian may be required to:
(a) sign a copy of the General Competition Rules and any Specific Competition Rules as an indication of their acknowledgment and understanding of them;
(b) produce photo-identification to establish their identities to the satisfaction of Maries Pizza; and
(c) execute a Deed of Release and Indemnity in a form prescribed by Maries Pizza in respect of any liability of Maries Pizza in connection with the Maries Pizza Competition for which the minor was awarded the prize and any liability in connection with the acceptance, use and enjoyment of the prize by the minor or any other person.

5.12
Any prizes won in a Maries Pizza Competition are not transferable and must not be redeemed for cash. In applicable cases, the prize must be used on the dates specified and in the manner directed by Maries Pizza.

5.13
All prizes are accepted entirely at the risk of the winner, and Maries Pizza excludes all warranties in connection with any prize (including representations as to merchantability and fitness for purposes) to the extent permitted by law.

5.14
Maries Pizza, its officers, employees, servants, agents, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, liability, loss or damage (whether foreseeable or not) arising out of or in connection with any Maries Pizza Competition, whether caused by the negligence of any of the aforementioned or not.

5.15
If a specified prize becomes unavailable, Maries Pizza may substitute a replacement prize in its absolute discretion. If the prize involves the winner meeting or attending a function with a celebrity or other figure, Maries Pizza accepts no responsibility or and shall not be liable because of the failure of the winner to meet that person for whatever reason.

5.16
Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.

5.17
If a person who has entered a Maries Pizza Competition wins a prize in a Maries Pizza Competition, that person is responsible for any and all taxes payable as a result of a prize being awarded or received.

6 General

6.1
Maries Pizza may enforce the General Competition Rules and any Specific Competition Rules in its absolute discretion. If Maries Pizza in its discretion decides not to enforce the General Competition Rules or any Specific Competition Rules it will not give rise to any claim by any person.

6.2
Maries Pizza reserves the right to regard itself as bound by the General Competition Rules and any Specific Competition Rules as it sees fit and in its absolute discretion.

6.3
Maries Pizza may extend the time for, vary or terminate any Maries Pizza Competition at any time in its absolute discretion. In the event of such termination, Maries Pizza may in its absolute discretion elect not to award any prize in respect of the terminated Maries Pizza Competition.

6.4
These General Competition Rules and any Specific Competition Rules may be varied by Maries Pizza at any time. Maries Pizza accepts no responsibility for and will not be liable because of any reliance placed on the General Competition Rules or any Specific Competition Rules before they were varied.
(a) (Corporations Act) for the avoidance of doubt, a reference to the Corporations Act is a reference to the Corporations Act 2001

8 Jurisdiction and Choice of Law

8.1 While the contents of the Web-Site may be accessed outside Australia it is not directed to or intended to have an effect in any other place outside of the general delivery area of its stores.

8.2 The General Terms and Conditions and any Specific Terms and Conditions are to be construed according to the laws applicable in the relevant States or Territories of Australia. A person who enters a Maries Pizza Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of that State.