Terms of Service

1.1 Introduction:

The Trustee for Cirulli Family Trust trading as Mattia’s Pizza (“Mattia’s Pizza”, “we”, “us”, “our”) provides its services (described below) to you through its website located at www.mattiaspizza.com (the “Website”). Your use of the Website, and its online services (the “Services”) is subject to the terms of a legal agreement between you and Mattia’s Pizza. That agreement is comprised of these Terms of Service and our Privacy Policy (collectively the “Terms”).

1.2 Services:

The term Services, as used herein, includes, without limitation, access to our online pizza course/s and complementary eBook/s, email services, links, and any other service which may be accessed through any medium or device now known or hereafter developed and available on the Website. You understand and agree that the Services may include certain communications from Mattia’s Pizza, such as service announcements, marketing and administrative messages.

1.3 Modifications to Terms of Service:

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When these changes are made, we will post the revised Terms of Service on this page and indicate at the top of this page the date these terms were last revised. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use of the Services constitutes acceptance to the updated Terms. If you do not agree to the changed Terms you shall refrain from using the Services. It is prohibited to use the Services without accepting the Terms.

1.4. Acceptance of Terms:

( 1 ) In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You accept the Terms:

  • By clicking the option of accepting the Terms, where this option is made available to you in the user interface for any Service; or
  • By entering your personal information to subscribe to the Services, where this option is made available to you in the user interface for any Service; or
  • By actually using the Services. In this case, you understand and agree that Mattia’s Pizza will treat your use of the Services as acceptance of the Terms from that point onwards.

( 2 ) You may not use the Services and may not accept the Terms if:

– according to the valid and applicable law you are not of legal age to form a binding contract with Mattia’s Pizza; or

– you are a person barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use or plan to use the Services.

( 3 ) Before you continue, you should print or save a copy of these Terms for your records.

1.4 Privacy

At Mattia’s Pizza, we respect the privacy of our users. For details, please see our privacy policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Access and Use of the Service

2.1 Registration Requirements:

To subscribe to Services, receive emails, discounts, and other offers from Mattia’s Pizza, you must register on the Website. In order to register, you are required to provide your name and contact information. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by Mattia’s Pizza registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Mattia’s Pizza may reject access or terminate the use of the Services to any subscriber or registered account that it deems inappropriate or inaccurate for any reason.

2.2 Account Requirements:

You agree to use the Website only for the purposes that are permitted by the Terms and any valid and applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your Registration Data, and you are responsible for all activities that occur under your username or account. If you discover or suspect any unauthorized use of your account, you agree to immediately notify Mattia’s Pizza. Mattia’s Pizza may terminate any account that is inactive for an extended period of time, or for any reason at all, in its sole discretion.

2.3 Use Description:

The Services, and any content viewed through our service, is solely for your personal and non-commercial use. With your purchase we grant you access to view the content on a streaming-only and non-transferable basis. No right, title or interest shall be transferred to you. We may revoke your access at any time in our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

2.4 Member Account, Password and Security:

You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password of account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Mattia’s Pizza of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Mattias Pizza will not be liable for any loss or damage arising from your failure to comply with this Section.

2.6 Modification or Cessation of Services:

You acknowledge and agree that the form and nature of the Services which Mattia’s Pizza provides may change from time to time without prior notice to you. You acknowledge and agree that Mattia’s Pizza may also stop, permanently or temporarily, providing the Services (or any features) to you or to users at the sole discretion of Mattia’s Pizza, without prior notice to you. You agree that Mattia’s Pizza shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

2.7 Disclosure of Account Information:

You acknowledge and agree that Mattia’s Pizza may access, preserve and disclose your account information or Registration Data if required to do so by law or if such access, preservation or disclosure is necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (e) protect the rights, property or safety of Mattia’s Pizza or anyone else.

2.8 User Data

Mattia’s Pizza will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that Mattia’s Pizza shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Mattia’s Pizza arising from any such loss or corruption of such data.

Conditions of Use

3.1 User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. Mattia’s Pizza reserves the right to investigate and take appropriate legal action against anyone who, in Mattia’s Pizza’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

3.2 Prohibited Conduct:

You agree that you will not:

  • Engage in any activity that interferes with or disrupts the Website, the Services or the servers and networks which are connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Use the Services for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent;
  • Post any content, or link to any website, containing any obscene, violent, illegal or objectionable material; or
  • Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose; or
  • Distribute software viruses on the Website; or
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise.

3.3 Illegal Conduct:

Mattia’s Pizza reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Services or use of the Services or the Website.

3.4 Payment

To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment method and provide us information regarding your credit card or other payment instrument. You represent and warrant to Mattia’s Pizza that such information is true and that you are authorised to use the payment instrument. You agree to pay Mattia’s Pizza the amount that is specified (as well as any applicable taxes) in accordance with these Terms of Service. You hereby authorise Mattia’s Pizza to bill your payment instrument. If you dispute any charges you must let Mattia’s Pizza know within sixty (60) days after the date that Mattia’s Pizza charges you.

3.5 Changes to Pricing:

We reserve the right to change our prices or discounts applicable to the Services without prior notice.

3.6 Refunds:

All paid Services made under this agreement are non-refundable and non-transferable.

3.7 Commercial Use:

Unless otherwise expressly authorised herein or by Mattia’s Pizza in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are solely for your non-commercial, personal, entertainment use.

Termination

The Terms will continue to apply until terminated by either you or us. If you want to terminate your legal agreement with us, you may do so by:

(i) notifying Mattia’s Pizza at any time by sending a written notice to info@mattiaspizza.com (The notice shall clearly state your will to terminate the agreement);

We may terminate this agreement with you at any time, in our sole discretion, and with or without prior notice, including (but not limited to) if:

(i) you have breached any provision of the Terms;

(ii) Mattia’s Pizza is required to do so by law; or

(iii) the Services are modified, eliminated, or no longer commercially viable.

Intellectual Property

6.1 Service Content, Software and Trademarks:

You understand that all information or materials to which you may have access as part of, or through your use of, the Services or the Website is the sole responsibility of the person from which such information or materials originated. All such information is referred to as “Content.” All such Content, including but not limited to advertisements, logos, sponsored Content, posts, blogs, videos, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that:

(i) Mattia’s Pizza (or its licensors) owns all legal right, title and interest in and to the Services and to the Content created by Mattia’s Pizza, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist);

(ii) by posting any Content, you grant an irrevocable, non-exclusive, royalty-free license to Mattia’s Pizza to use, reproduce, modify, and redistribute such Content alone, as a party of the Services, or as a part of other works in any form chosen in Mattia’s Pizza’s sole discretion; and

(iii) that Mattia’s Pizza is in no way responsible for, nor shall have any liability related to, any Content which is not created by Mattia’s Pizza. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of Mattia’s Pizza, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.

6.2 Third-Party Sites:

Some of the Services are provided by third party vendors to Mattia’s Pizza. To the extent that these Services are outside the control of Mattia’s Pizza, you acknowledge and agree that these Services constitute third party Content and such websites are subject to the provisions below:

  • Your correspondence or business dealings with, or participation in promotions of, the third parties, including but not limited to vendors or other persons who use the Services and post Content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Mattia’s Pizza shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, the presence of such third parties on the Website, or the use of the Services by such third parties.
  • If there is a dispute between you and any third party, you understand and agree that Mattia’s Pizza is not liable and is under no obligation to become involved. In the event that you have a dispute with a third party, you release Mattia’s Pizza, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.

6.3 Third Party Material

Under no circumstances will Mattia’s Pizza be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

6.4 Outgoing Links

The Services may include hyperlinks to other websites or resources. Mattia’s Pizza may have no control over any such websites or resources. You acknowledge and agree that Mattia’s Pizza is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Mattia’s Pizza is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Risks

You hereby acknowledge and agree that participation in any of the Services is voluntary and solely within your discretion. You also acknowledge and agree that you may not benefit from participation in the Services, or you may incur or exacerbate known or unknown physical injuries or other physical conditions, now or in the future.

You understand the risks and potential hazards and injuries that may occur from working with a wood and/or gas oven (the “oven”) or any form of excessive heat, and you accept that you are entirely responsible for practicing and/or taking all reasonable safety precautions during your (or anyone under your supervision’s) operation of the oven or heat.

Indemnification

You agree to defend, indemnify and hold Mattia’s Pizza, and its owners, agents, affiliates, employees, representatives, and their successors and assigns (collectively the “Indemnified Parties”) from and against any loss, damage, liability, claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: 1) use of the Services; 2) breach of these legal Terms; 3) any breach of your representations and warranties set forth in these legal Terms; 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or 5) any overt harmful act toward any other user of the Services with whom you connected via the Services. This means that no participant can sue to hold the Indemnified Parties responsible for any injury, loss, or damage sustained in connection with his/her participation, even if it is due to the negligence, injudicious act, omission or other faults of Indemnified Parties.

Disclaimer of warranties

You expressly understand and agree that your use of the services is “as is” and at your sole risk. In particular, Mattia’s Pizza, its affiliates, and its licensors, do not represent or warrant to you that:

(a) Your use of the services will meet your requirements;

(b) Your use of the services will be free from personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services;

(c) Your use of the services will be uninterrupted, timely, secure, or free from error;

(d) Your use of the services will be free from any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(e) Your use of the services will be protected from any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party;

(f) Any information obtained by you as a result of your use of the services will be accurate or reliable; and

(g) That defects in instruction or in the operation or functionality of any delivery platform accessed by you as part of the services will be corrected.

Any material, instruction, or advice obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any personal injury or property damage, damage to your computer system or other device, or loss of data that results from any such material. No information, whether oral or written, obtained by you from Mattia’s Pizza or through or from the services shall create any warranty not expressly stated in the terms. Mattia’s Pizza further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MATTIA’S PIZZA, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, REGARDLESS OF WHETHER FORESEEABLE OR WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY INJURY, LOSS, OR DAMAGE WHICH MAY BE INCURRED BY YOU OR TO YOUR PERSON, INCLUDING BUT NOT LIMITED TO INJURY, LOSS OR DAMAGE AS A RESULT OF (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH THE SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SPONSOR, USER, MEMBER OR OTHER THIRD PARTY WHOSE CONTENT OR SERVICES APPEAR ON THE WEBSITE; (ii) ANY CHANGE WHICH MATTIA’S PIZZA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS, IF ANY, SECURE AND CONFIDENTIAL.
  • THE LIMITATIONS ON MATTIA’S PIZZA’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT MATTIA’S PIZZA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Acknowledgment

You acknowledge and agree that (a) you have read and understood the Terms; (b) the Terms are fair and reasonable, and not unduly restrictive; and (c) that you have had the opportunity to confer with legal and financial advice of your choosing regarding the Terms.

Survival

In the event of termination of this Agreement, the provisions regarding Disclosure of Account Information, Illegal Conduct, Intellectual Property, Third-Party Sites, Risks, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.

Dispute Resolution

13.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

13.2 Binding Arbitration

(13.2.1) Australian-contracts only

Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC). The number of arbitrators shall be three (3). The arbitration shall be conducted in Adelaide, Australia in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules).

(13.2.2) International contracts

Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA). The number of arbitrators shall be three (3). The seat, or legal place or arbitration shall be Adelaide, Australia. The language of the proceedings shall be English. The governing law of these Terms shall be substantive law of Australia.

(13.2.3) The terms of the Rules are hereby deemed incorporated into this agreement.

(13.2.4) This clause shall survive termination of this agreement.

13.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Governing Law; Jurisdiction; Venue

This Agreement shall be governed by and defined following the laws of Australia. Mattia’s Pizza and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with the Terms or the Services.

15. General Provisions

15.1 Notices

Mattia’s Pizza may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website or through the Services.

15.2 Waiver

Any waiver by Mattia’s Pizza of any breach of, or failure to comply with, any provision of the Terms by you shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.

15.3 Entire Agreement

This Agreement comprises the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the subject matter hereof.

15.4 Legal Fees

In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including legal fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.

15.5 Severability

Should any one or more of the provisions of the Terms be determined to be illegal or unenforceable, all other provisions shall be given effect separately from the provision or provisions determined to be illegal or unenforceable and shall not be affected thereby.

15.6 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.

15.7 Non-Assignment

This Agreement may not be assigned by you. Mattia’s Pizza may assign all, or certain portions, of this Agreement at any time.

15.8 Contact

Please contact info@mattiaspizza.com for any questions or concerns that you may have.

 

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