Last Updated: 14 December 2018
These Terms & Conditions of Use govern your use of the Domino's Pizza Enterprises Limited and Domino’s Pizza New Zealand Limited (Domino's) website and applications, including online and SMS ordering. References to 'website' include the following (as appropriate): https://www.dominos.com.au, https://www.dominos.co.nz or any other site, services (including web-services), software, application or media managed by Domino's. Your use of the Domino's website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Domino's may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Domino's 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 Domino's website. The Domino's 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 Domino's 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
Domino's 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 Domino's website, online or SMS ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like. Notwithstanding the foregoing, Domino's 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. Domino's 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 many valuable trademarks owned and used by Domino's and its subsidiaries, Master Franchisor, affiliates and related entities throughout the world. These trademarks are used to distinguish Domino's 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 Domino's.
The text, graphics and Domino's html code (including flash files and java script) contained in the website are the exclusive property of Domino's, 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 Domino's.
The website may link to sites not maintained by or related to Domino's. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Domino's. Domino's 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. Domino's makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Domino's does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Domino's 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 Domino's, 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. Domino's 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 Domino's 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 Domino's, the submissions become property of Domino's. You understand that whether or not such User Submissions are published on the website, Domino's does not guarantee any confidentiality with respect to any submissions. You agree that Domino's may publish your name and submissions on the Domino's website, Domino's-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:
Domino's does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Domino's expressly disclaims any and all liability in connection with User Submissions. Domino's does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Domino's 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. Domino's reserves the right to remove content and User Submissions without prior notice.
Domino's 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. Domino's 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. Domino's 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.
SUNDAY AND PUBLIC HOLIDAY SURCHARGE (AUSTRALIA ONLY)
A 10% surcharge will apply to all customer orders on a Sunday.
A 20% surcharge will apply to all customer orders on public holidays. If a public holiday falls on a Sunday, the relevant surcharge is 20%.
If you did not love your meal then please let us know. 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 do everything from our end to complete this refund as soon as possible, it may take up to 10 business days for the refund to be processed, depending on your financial institution and the transaction type (ie Credit card, Paypal).
To help us be better, we need your feedback, so please, let us know what you think.
Australia: Call 1800 805 888 or go to Feedback at dominos.com.au'
New Zealand: Call 0800 29 20 00 or go to Feedback at dominos.co.nz
ONLINE ORDERING VIA THE WEBSITE, APPLICATIONS AND SMS ORDERING
Therefore, if you sign into your Domino’s Online Ordering account via your email address or an External Account (such as Facebook, Google or PayPal), on a shared computer (e.g. a public computer at a university or a library) and do not sign out, someone else who uses that computer after you may be able to access your Domino’s Online Ordering account. We therefore advise that you log out of all services when you have finished using a public computer.
Where you access your Domino’s Online Ordering account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Domino’s Online Ordering account(s) or any External Account that you have used to create a Domino’s Online Ordering account.
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 Domino's 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. Domino's 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 Domino's online and SMS ordering system (website and applications) available for use, Domino's:
In using Domino's online or SMS ordering system (whether via the website, an application or electronic device) you:
Steps we can take against your Domino’s Online Ordering Account
we may choose to take one or more of the following steps against your Domino’s Online Ordering Account:
Domino’s is not required to provide you with prior notice of any step(s) that it intends to take.
Most Domino's Pizza vouchers contain a code which can be redeemed via the Domino's Pizza online ordering system. Please note that Domino’s voucher codes are single use codes and are only valid for redemption online; they will not be valid for orders placed in a Domino’s store or over the phone (including via SMS ordering). Voucher codes are not redeemable for cash or transferable.
Domino’s reserves the right, in its sole discretion, to cancel any voucher code, or refuse to honour any voucher code (including after it has been redeemed by a customer), if Domino’s suspects that the voucher code has been fraudulently generated and/or circulated without Domino’s authorisation.
VIP club membership
VIP club is Domino's electronic communications database which our customers may join by opting-in. During your order via the Domino's 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, Domino's 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.
Free Wifi access – participating stores only
Domino’s may, from time to time, offer you free Wifi access within a participating store if you sign up to VIP club whilst in the store. The terms and conditions noted under the heading ‘VIP club membership’ will apply.
Existing VIP club members will need to again complete the sign-up page in order to receive access to the free Wifi.
Domino’s may withdraw the offer of free Wifi at any time and without any prior notice. The withdrawal of free Wifi will not affect your VIP club membership. You are able to opt-out from receiving further email or SMS communication by following the instructions contained in a VIP club email or SMS.
When using the free Wifi you agree to not:
If we want to we can also suspend your access at any time in our sole discretion without responsibility to you. Your use of the Wifi is at your own risk and we are not responsible to you for any damages, losses, costs or expenses you suffer because the Wifi is unavailable, does not operate as expected or causes loss or damage to any data.
You are responsible to Domino’s for all damage, losses, costs or expenses suffered by Domino’s, its affiliates or related entities, arising out of any breach by you of these terms and conditions (for example, if you use the Wifi for copyright infringement or to commit a criminal offence).
Domino’s Online Ordering membership
You may provide your personal information, through Domino’s 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.
External Account (Facebook, Google and PayPal)
You will be provided with the option to create a Domino’s Online Ordering account using an existing Facebook, Google or PayPal* (“External Account Provider”) account (“External Account”),
You acknowledge and agree that:
*PayPal is not available in New Zealand.
15 and 20 Minute ‘Guarantee’ promotion
Domino’s may, from time to time, run a promotion through its Online Ordering system which will allow a customer to elect, for a specified fee, to fast track their order. As part of this promotion, Domino’s will use reasonable endeavours to ensure that the customer’s order is delivered to the nominated delivery address in under fifteen or twenty minutes (depending on the option selected by the customer, with the time starting from when the customer’s order is received – this time can be seen in the confirmation email sent by Domino’s to the email address associated with the order).
If for any reason your order is not delivered in under fifteen/twenty minutes (as appropriate), you will receive a Domino’s pizza voucher via email (containing a voucher code) redeemable online only (at www.dominos.com.au or www.dominos.co.nz or via the Domino’s iPhone, iPad or Android App), and redeemable only at the store the original order was placed with, for one free Traditional or Value Range pizza (a surcharge applies to upgrade to Premium pizzas (AUS), Gourmet pizzas (NZ), half ‘n’ half, Mogul Pizzas with more than four toppings, additional toppings, indulgent crusts and promotional products) pick up or delivery (with a minimum delivery order of AUD$22 (AUS) and NZ$20 (NZ))) from the store that your original express order was placed with. The voucher code is valid for one use only and will be valid for twelve months from issuance. This pizza voucher is not transferable or redeemable for cash.
This promotion currently only applies at participating stores (subject to change) only for a limited time.
‘20 minutes or free’ Promotion
Domino’s may, from time to time, run a promotion through its Online Ordering system which will allow a customer to elect to fast track their order. As part of this promotion, Domino’s will use reasonable endeavours to ensure that the customer’s order is delivered to the nominated delivery address in under twenty minutes (with the time starting from when the customer’s order is received – this time can be seen in the confirmation email sent by Domino’s to the email address associated with the order).
If for any reason, excluding the reasons outlined below, your order is not delivered in under twenty minutes, you will receive a refund of the full order amount as follows:
The ‘20 minutes or free’ Promotion is not available where:
This promotion currently applies for a limited time only at the following participating stores (subject to change):
New Farm, QLD.
Extra Large (XL) Pizzas
The XL pizza size is at least 50% bigger in surface size post-bake than our Large pizzas. If, during your order, you select an XL upgrade, this incurs a $3 surcharge. You can remove this upgrade at any stage prior to placing your order. In the online ordering system, the $3 surcharge applies to the total order after the application by the customer of any Domino’s voucher to the order. XL pizzas available on Classic Crust only.
SMS ordering – Australia only
If you place an order using our SMS ordering system, you acknowledge and agree that:
If you suspect or become aware that an SMS order has not been successfully transmitted to Domino’s, please notify us via the Website Feedback Form (https://www.dominos.com.au/inside-dominos/contact-us/feedback-form)
You acknowledge that you are responsible for all costs associated with sending an SMS order to Domino’s and such costs are dependent on your telecommunications service provider.
Allergen-free or gluten-free products
Domino’s stores 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 that your order will be 100% allergen or gluten free.
More information on Domino’s allergen and gluten free products is available in store and online (https://www.dominos.com.au/menu/nutritional-information and https://www.dominos.co.nz/menu/nutritional-information). Please consider this information carefully.
Subject to law, Domino’s will not be liable for any costs, fees, claims, damages, charges whatsoever, including medical and dental costs, if a customer has any adverse reaction (including dental damage) to a product sold through a Domino’s store.
Domino’s stores will endeavour to provide vegan products if requested by you, but traces of meat and dairy products may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegan products will be 100% free from animal products.
More information on Domino’s vegan products is available in store and online (https://www.dominos.com.au/menu/vegan). Please consider this information carefully.
Domino’s stores will endeavour to provide meat free products if requested by you, but traces of meat may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegetarian products will be 100% meat free.
On time cooking order
As part of an On Time Cooking order, you will be provided with the option to:
If location tracking services are activated, cooking will only commence once you are on-route to the store.
You acknowledge that Domino’s is relying on infrastructure and systems operated by external providers in order to track your location and that Domino’s is not responsible for any delays which arise due to service faults with such infrastructure or systems.
Furthermore, you acknowledge that:
If the smart device loses connection (for any reason, including loss of power), the location services will continue to show the last known location of the smart device and this may affect our ability to ensure that your order is ready upon arrival.
If you instead choose to enter your address, the store will estimate your travel time and commence cooking accordingly.
Using the location data provided, the store will endeavour to provide you with a hotter, fresher pizza, ready upon your arrival.
Zero Click – Australia Only
In addition to the information above in “Online Ordering via the Website, Applications and SMS Ordering”, you place an order ten (10) seconds after you open the application Zero Click. To view your order, click “VIEW MY ORDER” button on the bottom left hand side of your screen. To stop your order, click “STOP” on the right hand side of your screen.
If you place an order using our Zero Click ordering system, you acknowledge and agree that:
If you suspect or become aware that a Zero Click order has not been successfully transmitted to Domino’s, please contact the store on 1300 366 466 or notify us via the Website Feedback Form (https://www.dominos.com.au/inside-dominos/contact-us/feedback-form)
You acknowledge that you are responsible for all costs associated with ordering via Zero Click order to Domino’s and such costs are dependent on your telecommunications service provider.
This document contains the full set of terms and conditions governing your use of the InstaGift. We recommend that you read this document carefully before using the InstaGift. If you have any complaints, questions or would like more information about your InstaGift, please email firstname.lastname@example.org or is email@example.com.
"InstaGift" means the InstaGift that you have purchased or received.
"InstaGift Number" means the 16 digit-number displayed with your InstaGift.
“PIN” means the 6 digit number accompanying the InstaGift Number.
"Remaining InstaGift Value" means, at any time, that portion of the initial value loaded onto your InstaGift which is unspent. This amount will be displayed the next time you use your InstaGift with Domino’s Online Ordering.
A reference to "we" or "us" is a reference to Domino’s.
A reference to "you" or "your" is a reference to the person who is in possession of the electronic InstaGift at the relevant time for the purposes of these terms and conditions, or who authorises another person to do something with or to the InstaGift on their behalf.
3. InstaGift Redemption & Exclusions
Once loaded with value, your InstaGift may be redeemed for purchases STRICTLY ONLINE ONLY. Purchases can be made from Domino’s Online Ordering. The InstaGift cannot be used to purchase InstaGifts or other tender.
4. How to load value onto your InstaGift
4.1 Online InstaGift purchases
InstaGifts that are purchased from the Domino’s website https://instagift.dominos.com.au/estore/en/instagift or https://instagift.dominos.co.nz/estore/en/instagift.
You can pay for your InstaGift value with the tender of your choice (other than an InstaGift). The transaction will be completed when the InstaGift is activated and loaded with value. The InstaGift can be loaded with a minimum amount of AU/NZ$5 and up to a maximum amount of AU/NZ$1,000.
There may be a slight delay between purchasing and delivering the InstaGift. InstaGifts are delivered via Australian Eastern Standard Time During this delay, the InstaGift cannot be used for purchases or enquiries.
5. Using your InstaGift
5.1 Making a purchase with your InstaGift
To make a purchase using your InstaGift, please follow the below instructions:
5.2 Purchases exceeding the Remaining InstaGift Value
Your InstaGift may only be used to make purchases up to the initial InstaGift value or the Remaining InstaGift Value. If you wish to make a purchase for an amount that exceeds the InstaGift value or the Remaining InstaGift Value, you must pay the excess using another payment method.
5.3 Issue with goods or services purchased with a InstaGift
If you have an issue with any goods or services that you purchased with an InstaGift, you should contact the Domino’s Pizza store where the purchase was made.
5.4 No cash advances
InstaGifts are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your InstaGift, redeem your InstaGift for cash or receive any portion of the Remaining InstaGift Value in cash.
5.5 Checking your InstaGift balance, expiry date and transaction history
You will not be sent statements of transactions on an InstaGift. You can check your InstaGift balance and expiry date online when you start a new order on the Domino’s website after loading your InstaGift Number and PIN.
5.6 Can I exchange my InstaGift?
You cannot exchange your InstaGift for a different denomination or type of InstaGift or for another tender, cash or discount.
5.7 Can I purchase an InstaGift using an InstaGift?
InstaGifts cannot be used to purchase another InstaGift.
6. Expiry, cancellation and re-issue of InstaGifts
6.1 Expiry of InstaGifts
Your InstaGift will be valid for use for 12 months from the date of delivery, after such time it will be invalid. You should use all of the Remaining InstaGift Value before the expiry date. After the expiry date unused value will become the property of Domino’s.
6.2 Cancellation and voiding of InstaGifts
InstaGifts cannot be cancelled once they are issued except if voided by Domino’s, if their value is used or if they expire.
We reserve the right to void any InstaGift that appears to have been mutilated, altered or tampered with in any way and Domino’s may subject InstaGifts to a verification process.
We reserve the right to cancel any InstaGift, or the InstaGift program, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement InstaGift.
We reserve the right to correct the balance of your InstaGift if we believe that a clerical or accounting error has occurred.
7. Your InstaGift, your responsibility
You are responsible for the use and safety of your InstaGift, the InstaGift Number and PIN. You are liable for all transactions on your InstaGift, except to the extent to which there has been fraud or negligence by us.
8. Changes to terms and conditions
We reserve the right to change any of the terms contained in these terms and conditions at any time where the change is required for any reason, without prior notice.
9. Errors and complaints
10. Limitation of liability for InstaGifts
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these terms and conditions. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these terms and conditions, for failure to observe or perform any of our obligations under these terms and conditions for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining InstaGift Value on your InstaGift.
Apple Pay available for payments in the Domino’s app on Apple Pay compatible devices. Save 30% of your order, for a limited time only, when paying with Apple Pay. Offer Expires 31/3/17. Available only when paying in the Domino’s app using Apple Pay. Not valid with any other coupon or offer. Offer excludes surcharges and Value Range pizzas.
For a limited time, with the DRU Assist deal, customers can save 25% off pizzas. Not valid with any other coupon or offer. Offer excludes surcharges and Value Range pizzas.
PAYPAL BILL SHARE (AUSTRALIA ONLY)
After placing an online order via the Domino’s website or application, you will be provided with the opportunity to use PayPal Bill Share. PayPal Bill Share is a product which allows you to request money from your friends to share the cost of the order. PayPal Bill Share is accessible on the Tracker page once you have completed your online order.
You acknowledge and agree that:
For more information on requesting money with PayPal, please visit https://www.paypal.com/au/webapps/mpp/receive-payments-online.
Online customers can now order Domino’s to outdoor locations like parks and beaches, subject to the following conditions:
If the Domino’s delivery driver is unable to locate the customer at the specified outdoor delivery location, the driver will make reasonable efforts to contact and locate the customer before returning to the Domino’s store with the undelivered order. The customer should ensure they provide an appropriate contact number when placing an order.
ROUND UP FOR CHARITY
Online customers will be provided with the opportunity to round up their order to the nearest dollar, with the ‘rounded-up’ amount being held and used by Domino’s philanthropic arm – Give for Good Limited ABN 17 621 450 413 (Give for Good).
When you make a purchase online at www.dominos.com.au or via a Domino’s App you will be asked to round-up your purchase to the nearest dollar, for example if your order is $23.95 you will be given the option to donate the additional 5 cents to Give for Good.
Give for Good is a charity registered with the Australian Charities and Not-for-profits Commission and its primary object is to support communities throughout Australia. For more information about Give for Good and the organisations and projects which it supports, see https://www.dominos.com.au/inside-dominos/corporate/give-for-good. Give for Good is not a deductible gift recipient and therefore cannot receive tax deductible gifts or contributions.
You will only be able to donate if you are paying for your order using a credit card or PayPal, and not with cash or Instagift. The maximum amount able to be donated online is $0.99. Donations under $2.00 are not tax deductible, so Give for Good will not automatically generate a tax receipt for these donations. Give for Good is under no obligation to give a refund, but if an error has been made on your part, Give for Good will endeavour to ensure that genuine errors (such as the amount donated) are rectified. Please note that Give for Good will retain up to 15% of funds donated for administration costs. Round Up for Charity will be rolled out progressively from 15 January 2018, so it is only available online at selected stores. We may seek to change, alter or discontinue the round-up for charity initiative at our discretion at any time.
We will never send you an email or link for round-up for charity. If you receive a suspicious email we recommend not opening the email or following the link, and marking the email as ‘junk’ so it will be caught in your spam filter in the future.
If you have any questions about Give for Good, contact us on firstname.lastname@example.org.
LIMITATION OF LIABILITY
To the extent permitted by law, Domino’s liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Domino’s for the product or service.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms & Conditions of Use, for failure to observe or perform any of our obligations under these Terms and Conditions of Use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
You agree to defend, indemnify and hold harmless Domino's, the Master Franchisor 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 Domino’s.
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.
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