Terms and conditions

THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE WWW.PIZZAHUT.GI (THE "SITE"). PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

GENERAL

This Site contains many of the valuable trademarks owned and used by Yum! III (UK) Limited (“Pizza Hut and Fontenay Limited” and “We” and “Us”) and its subsidiaries and affiliates throughout the world to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of Pizza Hut and Fontenay Limited.

Pizza Hut and Fontenay Limited strives to ensure that the information contained in this Site is accurate and reliable. However, Pizza Hut and Fontenay Limited and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. You should take appropriate steps to verify all information on this Site before acting upon it. To the fullest extent permissible pursuant to applicable law, Pizza Hut and Fontenay Limited disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. Pizza Hut and Fontenay Limited may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall Pizza Hut and Fontenay Limited be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.

By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of this Site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

Any goods displayed or provided on this Site are done so on an “as is” and “if available” basis and Pizza Hut and Fontenay Limited expressly excludes any warranties, conditions, representations or other terms with respect to this Site or the content or goods displayed on it, whether
express or implied, unless expressly stated to the contrary. Images of products on this Site are provided for illustrative purposes only; the actual products you receive may vary from the images displayed.

Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

This statement does not affect your statutory rights and nor does this paragraph apply to Pizza Hut and Fontenay Limited’s liability for products sold through the Site (please see our Products Terms and Conditions).

The Site may link to sites not maintained or related to Pizza Hut and Fontenay Limited. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or with Pizza Hut and Fontenay Limited. Pizza Hut and Fontenay Limited has not reviewed any of all of the sites hyperlinked to or from this Site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk and Pizza Hut and Fontenay Limited makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, Pizza Hut and Fontenay Limited does not implicitly endorse third party sites hyperlinked to this Site. Pizza Hut and Fontenay Limited will also not be responsible for the content of any third party advertising or sponsorship that may appear on the Site nor for compliance of the same with any laws or regulations.

The Site may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by Pizza Hut and Fontenay Limited. Pizza Hut and Fontenay Limited may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site, and makes no representations about them, their owners, their products or services. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

The graphic images, buttons and text contained in this Site (and the Site’s ‘look and feel’) are the exclusive property of Pizza Hut and Fontenay Limited and, except for personal use, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Pizza Hut and Fontenay Limited. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Pizza Hut and Fontenay Limited.

Any unauthorised use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

By visiting the Site the User does not acquire or obtain by implication or otherwise, any licence or right to use or make additional copies of any materials or information displayed on the Site.

If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please contact our Customer Service team on 200 42800. Pizza Hut and Fontenay Limited reserves the right to suspend your registration if you breach these terms and conditions.

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

These terms and conditions are governed by the laws of Gibraltar and you agree that the Gibraltarian courts shall have exclusive jurisdiction in any dispute. This Site is for use only by persons who access it from within Gibraltar. Goods available from this Site are available only to residents of (or companies incorporated in) Gibraltar. We make no representation that any material contained on this Site is appropriate for any other jurisdiction.

PRODUCT TERMS AND CONDITIONS

In these PRODUCT terms and conditions (“Conditions”) the following words and expressions shall have the following meanings:

– the Customer, you, your: means you, the customer, who buys the Products from Pizza Hut and Fontenay Limited;
Pizza Hut and Fontenay Limited, Our and We: means Yum! III (UK) Limited (or in the case of franchisee stores, a franchisee of Yum! III (UK) Limited);
– the Products: means the products supplied by Pizza Hut and Fontenay Limited to the Customer; and
– the Website: means the website www.pizzahut.gi

1. Order and Acceptance

1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by Pizza Hut and Fontenay Limited to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.

1.2 The acceptance of orders for the Products shall be at the absolute discretion of Pizza Hut and Fontenay Limited. Our acceptance of an order occurs when you receive an on-screen message confirming your order has been placed, at which point, your contract with Pizza Hut and Fontenay Limited is made and up until this point, We may decline to provide You with the goods without giving any reason.

1.3 You may not place any orders on Our website if you are under 12 years of age.

2. Prices and Payment

2.1 Unless otherwise stated in writing, the prices quoted by Pizza Hut and Fontenay Limited on the website are inclusive of VAT and any other applicable taxes.

2.2 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake for which We shall not be liable. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.

2.3 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order.

2.4 Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from time to time. In addition, if you order online, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.

3. Changes to your Order If you wish to cancel, amend or comment on your order, please telephone our store on 200 42800, details of which will be included in the confirmation email sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. If you paid by Credit card the price difference will need to be paid separately to our store or any refund would need to be processed by our Customer Services team who can be contacted here. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.

4. Delivery

4.1 We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.

4.2 The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.

4.3 We can only fulfil an order for large quantities at the discretion of our store from which you are ordering. If you would like to place a large order, we recommend you contact the store well in advance.

4.4 If you have chosen for the Products to be delivered, Pizza Hut and Fontenay Limited will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.

4.5 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.

5. Transfer of Property

5.1 Risk in the Products shall pass to the Customer on delivery.

5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Pizza Hut and Fontenay Limited and the Customer agrees that it will not infringe any of Pizza Hut and Fontenay Limited’s intellectual property rights.

6. Oral Statements The Customer agrees that, in the event of any conflict, written information about the Products supplied by Pizza Hut and Fontenay Limited shall prevail over any oral statements made by Pizza Hut and Fontenay Limited or by Pizza Hut and Fontenay Limited’s employees or agents. Pizza Hut and Fontenay Limited shall use all reasonable efforts to ensure that its written information about the Products is accurate.

7. Promotions From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors. All deals are valid within the promotional period, are subject to change or withdrawal and are not valid in conjunction with other offers, unless otherwise stated.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, Pizza Hut and Fontenay Limited excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Pizza Hut and Fontenay Limited had no control of the consequences and which Pizza Hut and Fontenay Limited could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.

8.2 In any event, Pizza Hut and Fontenay Limited’s liability to the Customer will not exceed the total price charged for the relevant items.

8.3 Nothing in these conditions shall affect the statutory rights of the customer.

8.4 Certain ingredients, including but not limited to the Jalapeno Chilli Pepper, supplied by Pizza Hut and Fontenay Limited are spicy and caution is advised before consuming these. In particular the Jalapeno Chilli Pepper is extremely spicy. To the fullest extent permitted by law, Pizza Hut and Fontenay Limited shall not be responsible for any consequences You or others may suffer or incur, directly or indirectly, as a result of consuming these ingredients or Products containing these ingredients.

9. Law Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of Gibraltar and Pizza Hut and Fontenay Limited and the Customer submit to the non-exclusive jurisdiction of the Courts of Gibraltar.

PRIVACY POLICY

Your privacy is important to Pizza Hut and Fontenay Limited. We want you to feel confident about the privacy and security of your personal data and therefore we have developed a website privacy policy which includes all the rights granted to you by the Data Protection Act 2001. We hope the following policy will help you understand how we collect, use, and safeguard the personal data you provide to us through our website.

In this policy, “we” and “us” refers to Pizza Hut and Fontenay Limited and its subsidiaries and “our” shall be construed accordingly. We advise you to read the policy carefully.

1. We do not obtain any personal data, that is, information that identifies you as an individual other than that which you choose to provide. We only collect information that we believe to be relevant to conduct our business, for marketing purposes and to monitor the improvement of our products. At times we may request that you voluntarily supply us with personal information, such as your email address and postal address, for purposes such as corresponding with us, registering at a site, making a purchase, or participating in an online survey or competition.

2. We collect and use personal data to send direct marketing material on our products, promotions and offers that may be of interest to you, to provide you with information that you request, to respond to feedback that you submit to the sites, to allow you to participate in any of our online surveys and competitions and generally to be able to correspond with you after we receive a request from you.

3. We collect, use and keep any personal information given to us by you, strictly for the purposes indicated in this policy and as described in our website and in strict adherence to local Data Protection laws.

4. If you browse our website, you do so anonymously: we do not collect personal information – such as your email address. We do log your IP address (the Internet address of your computer) and we use technologies to give us an idea of which parts of our website you visit and how long you spend there. But we do not link this information to anything personally identifiable. The only other information automatically provided to us is the type of computer and operating system you are using. Your browser automatically supplies us with this information.

5. In some of our customer email communication, we use a device called a “clickthrough URL.” When you click on one of these URLs, you pass through our system before arriving at the website that is your true destination. We use clickthroughs to determine the level of interest in particular topics and to measure the effectiveness of our communications. We do not share this data with anyone, and we make no attempt to match click-throughs to particular email addresses.

6. We do not send unsolicited mail, messages or junk mail. Customers have a right to request not to receive direct marketing material by writing to us at the address below.

7. We do not provide any third parties with any information that you provide unless obliged to do so by law, by court order or with your specific consent.

8. Market research using customer information is only carried out so that we may understand our customers’ needs and business trends and in order to develop and improve our products.

9. Third party service providers may be contracted to provide services to us. For this purpose, we will need to provide such companies/organisations with the necessary personal data. We will make it mandatory on such companies/organisations to strictly comply with all applicable provisions of law when processing your personal data in the provision of their services to us.

10. Authorised third parties, including external service providers, with permitted access to your information are specifically required to apply appropriate security measures to appropriate technical and organisational security measures that may be necessary to safeguard the personal data being processed from unauthorised or accidental disclosure, loss or destruction and from any unlawful forms of processing.

11. All reasonable efforts are made to keep customer information up-to-date. You will help us take prompt and efficient action by informing us of any changes to your personal data by sending us an email or writing to us at the addresses provided below.

12. You may write to us at the same addresses if you would like to know what personal information we hold about you.

13. We strive to invest in the latest security technologies available and maintain strict information security policies designed to prevent unauthorised access to your information by anyone, including our staff.

14. All our staff are aware of their responsibility for maintaining customer confidentiality and complying with our information security policies.

15. Links that we provide to third parties websites are clearly marked and we are not in any way responsible for the content of such websites. We suggest that users should read the privacy policies of such third-party websites.

16. By using this website, you signify your assent to our privacy policy. If you do not agree to this policy, please do not use this site.

17. We reserve the right, at our complete discretion, to change, modify, add and/or remove portions of this policy at any time. Your continued access to or use of our website will mean that you agree to any and all changes.

18. Editor of this site is Fontenay Limited, Sandpits Vaults, Gibraltar GX11 1AA email: pizzahut@gibtelecom.net

COPYRIGHT AND EDITOR

The Pizza Hut name, logos and related marks are trademarks owned by or used under licence from Pizza Hut International, LLC. Thank you for visiting our website.

This site is owned and operated by Fontenay Ltd, a company registered in Gibraltar, whose registered office is at Sandpits Vaults, Gibraltar GX11 1AA. Company registration number: 39340. VAT number: not applicable to Gibraltar. Telephone: 00 350 200 77242.