Domino's Pizza – Australia & New Zealand

Terms and Conditions of Use

 

Last Updated: 19 February 2021

 

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.

 

PRIVACY POLICY

The Domino's Privacy Policy forms part of the Terms & Conditions of Use and can be found following either of these links:

https://www.dominos.co.nz/corporate/privacy-policy

https://www.dominos.com.au/corporate/privacyPolicy.aspx

 

THE WEBSITE

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.

Domino's recommends that before you disclose any personal information to a third party that you first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their 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.

 

reCAPTCHA

We use reCAPTCHA from Google to help protect our website and applications from spam and abuse, and to help keep our customers’ online ordering accounts safe from fraudulent activity. reCAPTCHA may ask online ordering customers to click a checkbox or solve a challenge to ensure that a real person is logging into a Domino’s online ordering account and placing an order. Use of reCAPTCHA is subject to the terms and conditions and privacy policy available on Google’s 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.

 

USER SUBMISSIONS

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:

1. you own or have the necessary licenses, rights, consents and permissions to use and authorise Domino's to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and
2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Domino's. By submitting the User Submissions to Domino's, you hereby grant Domino's a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Domino's business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
3. in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Domino's all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Domino's or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

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 15% surcharge will apply to all customer orders on public holidays (excluding Christmas Day). If a public holiday falls on a Sunday, the relevant surcharge is 15%.

A 15% Public Holiday surcharge applies on Christmas Eve for QLD from 6PM and for SA & NT from 7PM. 

 

CHRISTMAS DAY SURCHARGE

A 20% surcharge will apply to all customer orders on Christmas Day.

 

EXTENDED DELIVERY SURCHARGE

Domino’s stores operate in defined geographic territory boundaries. Domino’s endeavours to offer delivery to all customers, however this is not always possible due to geographical or access constraints. Domino’s store delivery boundaries vary and change. Some stores may switch on ‘extended delivery’ into regions further than their defined geographic territory boundaries. If you live in an extended delivery region you will be notified of this during your online order and you can choose whether to have your order delivered, and such delivery will attract a surcharge of $5.95. A minimum order spend of $22.00 (AU) and $20.00 (NZ) applies to all delivery orders.  Domino’s provides team members wages that are among the highest in the industry, including penalty rates as per the Fast Food Industry Award (Modern Award). Domino’s will not be liable to you for any loss or damage (whether direct, indirect or consequential) as a result of a change in a store’s delivery boundaries.

 

REFUNDS

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 note that any orders paid for in store or upon delivery by cash or EFTPOS need to be refunded by the relevant store directly.

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

If the website, application or an electronic device is used (including for online or SMS ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the website or an application as a registered member, you may remain logged in to the website or application even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website (refer to our Privacy Policy for more information on Cookies)). Where an online order is placed using a smartwatch, your session will time out after 60 minutes of inactivity (provided that you have not selected the ‘keep me logged in’ option on your registered online account).

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:

1. merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address);
2. in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
3. does not (except where you order from a Domino's corporate store) provide you with any goods or services;
4. makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
5. does not guarantee that the website, applications and online or SMS ordering system will be error-free or that any errors will be corrected. Domino's does not guarantee that the website, applications or online or SMS ordering system will be free from viruses or other harmful components and you agree to hold harmless Domino’s from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
6. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using Domino's online or SMS ordering system (whether via the website, an application or electronic device) you:

1. acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
2. acknowledge that you contract with the individual store from which you order and not Domino's (except where you order from a Domino's owned store) and therefore you have no claim, recourse or action against Domino's whatsoever (except where you order from a Domino's owned store); and
3. indemnify Domino's from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

Steps we can take against your Domino’s Online Ordering Account

If:

1. you breach any of these Terms and Conditions of Use or do anything else in connection with your Domino’s Online Ordering Account that is not allowed or creates possible legal risk for us;
2. we think that your password or account has been compromised;
3. your Domino’s Online Ordering Account remains inactive for an extended period of time (to be determined in our sole discretion),

we may choose to take one or more of the following steps against your Domino’s Online Ordering Account:

4. suspend access to your Domino’s Online Ordering Account;
5. cancel your Domino’s Online Ordering Account; and/or
6. ban you from creating a new Domino’s Online Ordering Account in the future.

Domino’s is not required to provide you with prior notice of any step(s) that it intends to take.

 

Payment Options

When a customer pays in store, the Domino’s stores in Australia and New Zealand accept cash payments (in the local currency) and credit and debit EFTPOS payments in store.

The Domino’s online ordering portal accepts pre-payment by selected credit cards, PayPal (Australia only) and Instagift.

Subject to COVID-19 protocols and store operations (mentioned below/above), where deliveries are not pre-paid online, our delivery experts accept cash payments, while some stores offer mobile EFTPOS payments at the point of delivery.

Australian Domino’s stores owned and operated by Domino’s Pizza Enterprises Limited accept payment with the BasicsCard for instore EFTPOS terminal transactions only. The BasicsCard cannot be used to pre-pay for orders online.

Domino’s does not offer cash refunds for orders paid using the BasicsCard. All refunds will be processed back onto the BasicsCard.

 

eVouchers

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.

 

Tip your Delivery Expert (Australia only)

During your online ordering experience, you may be presented with an option to tip your Delivery Expert. You can choose to tip a fixed dollar amount or choose your own amount to pay as a tip. Tipping your Delivery Expert is optional. We ensure that all tips are passed onto the Delivery Expert who delivers your specific order minus applicable third party fees.

 

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:

• act in any way that could be unlawful or encourage others to act unlawfully;
• undertake actions that are harassing, defamatory, threatening, obscene, abusive, racist, sexist, offensive or otherwise objectionable or inappropriate;
• use the Wifi to send spam;
• use the Wifi access in any way that may affect the running of the Wifi or network or other technology connected to it (for example, other Wifi users’ devices). In particular, you agree to not upload or download very large files and to make sure your device is protected by up-to-date anti-virus software.

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 and participate in Domino's Rewards. 

Refer to our Privacy Policy for more details about how we deal with your personal information.

 

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:

• your Domino’s Online Ordering Account will only be accessible whilst your External Account remains active;
• Domino’s will obtain from the External Account Provider any personal information required to create your new Domino’s Online Ordering account;
• Domino’s may require you to input additional information, to that provided by the External Account Provider, in order to create your Domino’s Online Ordering account;
• you must sign-in to your Domino’s Online Ordering account using the relevant External Account Provider button on the ‘Login’ section of our website;
• you will be unable to use the email address associated with your External Account to create an account on the Domino’s website (independent of your External Account) whilst your External Account remains linked to your Domino’s Online Ordering Account;
• your use of the External Account is governed by the External Account Provider’s own terms and conditions and Domino’s will not be responsible for anything to do with your use of the External Account.

For more information, refer to the ‘External Account’ section in our Privacy Policy.

*PayPal is not available in New Zealand.

 

15/20 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 Large Traditional or Value Range pizza. Customisation may incur further charges. Available for 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 single use only and valid for twelve months from the date of issue. The voucher is not transferable or redeemable for cash.

This promotion currently only applies at participating stores (subject to change) only for a limited time.

 

Delivered in 30 minutes or get a free pizza promotion

Domino’s is running a limited time promotion through its Online Ordering system where if your order is not delivered within 30 minutes, you will receive a voucher for 1 Large Pizza (Voucher).

There is no required minimum or maximum order quantity or spend associated with this promotion. The 30 minute time period starts from when the customer’s order is received (seen in confirmation email sent by Domino’s to the email address associated with the order). Promotion applies to online orders only. Customers must be subscribed to VIP Offers to be eligible to receive a Voucher. New customers who wish to be eligible for this offer may subscribe when they place their order.

If you are entitled to a Voucher, Domino’s will email you the Voucher in the form of a 12 digit code to the email address associated with the order. The Voucher is valid for 8 weeks from the date of issue. Please be aware that it may take up to 10 days to receive the Voucher. Voucher is valid for all large pizzas on the Domino’s menu, excluding Extra Large pizzas and the New Yorker range. Valid for online orders and single use only. Valid for pick up and delivery. Not valid with any other coupon or offer. Not exchangeable, transferable and cannot be redeemed for cash. Minimum spend of $22 for delivery orders. Any upgrades to a Large Pizza (including additional toppings and crust upgrades) and additional menu items are not included and may be added to the order at an extra cost.

Offer is for a limited time and is only available at participating stores.

 

Download the Domino's App and get a free pizza with a delivery order

Domino’s is running a limited time promotion where the new users of the Domino’s App (New App User) will receive a voucher code to receive one free Large Pizza when they make a delivery order (Voucher Code).

A New App User is a customer who has not had their mobile phone number associated with an order on the Domino’s App within the last 12 months.

New App Users must opt in to participate in this offer. The Voucher Code is valid for one week from the date of issue and will be sent to New App Users via text message. The promotion is limited to one Voucher Code per unique account. The Voucher Code is for single use only through the Domino’s App. The offer is available at selected stores for delivery only. Minimum delivery spend of AU$22/NZ$20 applies.

Customers who are not New App Users may be eligible to receive a voucher code for 30% off Large and Traditional Pizzas (Secondary Voucher Code). Customers must opt in to participate in this offer. The Secondary Voucher Code is valid for one week from date of issue and will be sent to customers via text message. This promotion is limited to one Secondary Voucher Code per unique account. The Secondary Voucher Code is for single use only through the Domino’s App. This offer is available at selected stores for pick up or delivery. Minimum delivery spend of AU$22/NZ$20 applies.

Limited Time Offers – Australia only

Domino’s may, from time to time, run promotions through its online ordering system which may offer customers an opportunity to redeem a free or discounted menu item if their order is completed within a certain time frame (a Limited Time Offer).

If the customer clicks on the pop-up to redeem a Limited Time Offer, a countdown timer will start and will be visible to the customer in the online ordering system. The customer must go to the “Checkout” page within the specified time frame and complete payment of their order to redeem the Limited Time Offer.

If the timer lapses before the customer reaches the “Checkout” page, or if their session is stopped or disconnected for any reason whatsoever, the Limited Time Offer will lapse and will not be available to redeem. The Limited Time Offer will also not be available to redeem if the customer clicks “No Thanks” on the pop-up. Domino’s will not be held liable or responsible for any discontinued or disconnected sessions, or inability to redeem the Limited Time Offer, however these may occur.

 

SMS ordering – Australia only

If you place an order using our SMS ordering system, you acknowledge and agree that:

1. Domino’s completely relies on infrastructure and systems provided by external telecommunication providers in order to receive and send any communication relating to SMS orders; and
2. Domino’s is not responsible for any communications relating to SMS orders which are delayed or lost due to service faults outside of Domino’s control.

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.

 

Vegan products

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.

 

Vegetarian products

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:

• activate location tracking services on your smart device; or
• enter the address that you will be leaving from to collect your order.

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:

• you must carry the smart device (that was used to place the order) with you to collect your order; and
• this smart device must be operational at all times; and
• this smart device must be in the reception range of a network supplier in order to communicate with GPS satellites and transmit your location.

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:

1. Domino’s completely relies on infrastructure and systems provided by external telecommunication providers in order to receive and send any communication relating to Zero Click orders; and
2. Domino’s is not responsible for any communications relating to Zero Click orders which are delayed or lost due to service faults outside of Domino’s control.

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.

 

INSTAGIFT

1. Introduction

Your redemption or attempted redemption of an InstaGift constitutes your acceptance to be bound by these terms and conditions of use and agreement to the Domino’s Privacy Policy: (www.dominos.com.au/inside-dominos/contact-us/privacy-policy) or (www.dominos.co.nz/inside-dominos/contact-us/privacy-policy).

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 instagift@dominos.com.au or is instagift@dominos.co.nz.

 

2. Definitions

"InstaGift" means the InstaGift that you have 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

3.1 Redemption

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. Using your InstaGift

4.1 Making a purchase with your InstaGift

To make a purchase using your InstaGift, please follow the below instructions:

1. When you receive your InstaGift email, tap/click on the ‘Order Now’ link at the bottom of the email. This will take you to Domino’s Online Ordering.
2. Alternatively, in your favourite browser go to dominos.com.au or www.dominos.co.nz and tap/click ‘Order Online’.
3. Select an order type.
4. Insert the relevant information required by the order type you have chosen.
5. 5.Select the item or items from the menu that you would like to order and add them to the basket.

6. Once you have added the items you require, on the payment page enter the requested information and then tap/click ‘Continue’.
7. Tap/click on the ‘Domino’s InstaGift’ payment method button.
8. If you have started your order via the InstaGift email link, then your InstaGift details will be prepopulated for you. Otherwise, enter the InstaGift number and the PIN, and tap/click ‘Submit’.
9. Your InstaGift with available balance will be displayed.
10. If the funds available on your InstaGift are sufficient to pay for the total amount of your order, then you will be able to complete your order by tapping/clicking ‘Place Order’.
11. If the funds available on your InstaGift are NOT sufficient to pay for the total amount of your order, then you will be shown the outstanding amount owing, and you will be prompted to select another payment method so that you can complete your order.

 

4.2 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.

 

4.3 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.

 

4.4 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.

 

4.5 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.

 

4.6 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. Expiry, cancellation and re-issue of InstaGifts

5.1 Expiry of InstaGifts

Your InstaGift will be valid for use for 3 years 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.

5.2 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.

 

6. 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.

 

7. 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.

 

8. Errors and complaints

If you have reason to believe that an error has occurred in relation to your InstaGift, you should contact instagift@dominos.com.au or instagift@dominos.co.nz.

 

9. 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 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.

 

DRU ASSIST

DRU Assist is a virtual assistant which is available for customers to use within the Domino’s application or on the website. DRU Assist offers speech (Domino’s application only) or text (both Domino’s application and website) functions to assist customers with their order. In order to access the DRU Assist offer, customers need to tap on DRU Assist and ask for a deal (either through speech or text). For more information about how payments are processed, refer to the ‘Payment Details’ section in our Privacy Policy.

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.

 

DOM Pizza Checker

DOM Pizza Checker is a camera unit above the cut bench in Store that photographs pizzas once they’ve been cooked. The system makes an assessment of the pizza quality by identifying pizza type, correct toppings, topping distribution. The photograph is taken at the point the pizza leaves the oven but does not include any post-bake toppings (eg post bake sauces or spring onion).

This assessment is made by DOM Pizza Checker, in conjunction with the team member in Store at the cut bench.  Our customers do not have input into whether the pizza passes or fails this assessment of quality, however customers will be provided with a photo of their pizza on the cut bench (which will appear on the Pizza Tracker page).

Via the Pizza Tracker page, the customers will see if the pizza is Quality Approved in Store, or if it is Not Approved and requires remaking. In the event of a remake (at the Store team member’s discretion), the Pizza Tracker status will be updated to show a remake-in-progress and the estimated pick up or delivery times will also be updated.

Domino’s does not guarantee that DOM Pizza Checker will be error-free or that it will be operational 100% of the time.

DOM Pizza Checker utilises the QT™ Computer-Vision Quality Management System developed and owned by Dragontail Systems Limited.

 

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:

• Domino’s is not responsible for the operation of PayPal Bill Share and is merely making this feature available to customers on its website or application. Your use of PayPal Bill Share is governed by the PayPal User Agreement and Domino’s will not be responsible for anything to do with your use of PayPal Bill Share;
• Domino’s does not guarantee that the PayPal Bill Share process will be error-free;
• Domino’s does not manage any aspect of the money requests you complete within PayPal Bill Share; this activity is conducted, and managed entirely, by PayPal;
• Domino’s does not guarantee that the money requests you send using PayPal Bill Share will be received by the intended recipients or fulfilled by the desired parties;
• Under no circumstances will Domino’s be liable to you for any claim, damage, expense, loss or liability suffered or incurred by the you with respect to your use, or a failure, of PayPal Bill Share.

For more information on requesting money with PayPal, please visit https://www.paypal.com/au/webapps/mpp/receive-payments-online.

 

DOMINO’S ANYWHERE

Online customers can now order Domino’s to outdoor locations like parks and beaches, subject to the following conditions:

• the order must be made and prepaid via the Domino’s application or website;
• the requested outdoor delivery location must be well let, easily accessible, within a Domino’s store’s delivery zone and within 100 metres of a road;
• the Domino’s delivery driver must be legally permitted to access the requested outdoor delivery location;
• the Domino’s delivery driver must be legally permitted to access the requested outdoor delivery location;
• the customer is required to show the driver their order confirmation email in order to receive the order; and
• if the order is prepaid using a credit card, the customer is required to present that credit card to the driver for verification.

 

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 in Australia will be provided with the opportunity to round up their order, 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 or next whole dollar.  For example, if your order total ends in $0.01 to $0.99 cents, ie $23.95, you will be given the option to donate the additional 5 cents to Give for Good. If your order total ends in $0.00 cents, ie $15.00, you will be given the option to donate $1.00 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 $1.00. Give for Good will not 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. 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 info@giveforgood.org.au.

 

FEED THE KNEAD 

Domino’s has established a Feed the Knead giving program where people can reach out to their local Domino’s store to arrange for a donation of pizzas to a person or organisation who is in “knead” within the community.

Individuals can complete a nomination form on the Domino’s website to tell us about the “knead” they wish to support by providing relevant details. The individual submitting the nomination form takes responsibility for the disclosure of the potential recipient’s personal information and undertakes not to include any sensitive information (as defined in the Privacy Act 1988 (Cth)) in their nomination. The personal information provided will be used (to the extent required) to contact the nominee and/or recipient to facilitate a pizza donation. 

It is at the sole discretion of the franchisees within the Domino’s system as to whether they choose to support a “knead”. If your “knead” is chosen by a franchisee, the franchisee will work with you and your chosen recipient to organise the pizza donation for the recipient. The franchisee will determine, at their sole discretion, all relevant aspects of the pizza donation, including but not limited to, the time and date of the donation, the quantity of pizzas to be provided, which pizzas are provided, whether the pizza order will be pick up or delivery etc. The franchisee is not under an obligation to provide a pizza donation if the nominee and/or recipient are uncooperative or unresponsive. 

 

THIRD PARTY ORDERING APPLICATIONS

Domino’s may, from time to time, enable customers to order a range of Domino’s menu items through third party ordering applications, at selected stores only.   When ordering through such third party ordering applications, you acknowledge and agree that:

1. Domino’s does not control the third party ordering application and Domino’s does not assume any responsibility or liability for the availability of the application, or the actions, products, services and content of any third party ordering application.

1. You should carefully review each third party’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party, then you are entering a separate agreement with that third party.

1. In order to use the third party ordering application, you may be required to create an account through that third party. The administration and management of such an account is managed by that third party and as such you must direct all queries and notification to that third party.  If You believe someone has access to your account, You must notify that third party immediately. Failure to do so may result in You incurring charges for orders that are processed using your account and Domino’s is under no obligation to refund any such amounts.

1. In making Domino’s menu items available through a third party ordering application, Domino’s:

1. merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address);
2. in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
3. does not (except where you order from a Domino's corporate store) provide you with any goods or services;
4. makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
5. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

1. Domino’s may, in its sole discretion, refuse or cancel any order placed through a third party ordering application for any reason, without explanation to You.

1. Domino’s have not made any representations or warranties that the third party ordering application will be error free, free of viruses or available without interruption.

1. Domino’s full range of menu items may not be available through third party ordering applications. The selection of available menu items will be subject to change from time to time.

1. Any promotional codes, vouchers, offers, loyalty programs or other marketing promotions offered by Domino’s will not be available or applied when ordering through a third party ordering application.  

1. To the maximum extent permitted by law, Domino’s will not be liable for any loss or damage incurred by You or by any other person whether directly or indirectly in relation to your use of a third party ordering application.

1. In order to fulfil your order, Domino’s will be required to collect certain personal information and date from you. The nature of the personal information and data that we collect, including information regarding the manner in which we may use and disclose such personal information and data, is set out in our Privacy Policy.

 

CALL ON ARRIVAL

Domino’s offers a Call on Arrival service to help improve the efficiency of our delivery process and our customer service. 

Call on Arrival involves a delivery customer receiving a call or SMS message a few minutes before their Delivery Expert arrives at their delivery address. The Call on Arrival call or SMS message will provide the customer with time to get ready to receive their order, which may involve going downstairs (if their delivery address is within an apartment building), switching on their porch light (if their delivery address is a house), restraining their dog or getting their payment ready (if the order has not been pre-paid online).

Call on Arrival applies to delivery orders only (not pick up) made online or offline. Delivery customers will receive a call or SMS message if their order is GPS tracked and they have provided a valid phone number with their order. Domino’s does not guarantee complete availability of the Call on Arrival service at all times. Customers ordering via Uber will not receive Call on Arrival updates.

 

DOMINO'S ZERO CONTACT DELIVERY AUSTRALIA AND NEW ZEALAND

At Domino’s, our priority is the health and safety of our team members and customers. Given the unprecedented circumstances as a result of the COVID-19 pandemic, we have implemented Zero Contact Delivery for peace of mind.

Domino’s Zero Contact Delivery will involve the driver placing your order in front of your door before letting you know they’ve arrived. The driver will then stand back and wait to ensure you have collected your order.

Cash payments are available for a Zero Contact Delivery. A limited number of stores may offer mobile EFTPOS transactions at the point of delivery. The 15 minute/20 minute delivery guarantee options are not available for a Zero Contact Delivery.

Depending on COVID-19 government restrictions, Zero Contact Delivery may be made mandatory for all orders placed in certain geographic areas for certain periods of time. Where COVID-19 restrictions allow, Zero Contact Delivery will be optional only.

If you have any questions about Domino’s Zero Contact Delivery, you can speak with your customer service representative in store or contact us at feedback@dominos.com.au.

 

ZERO CONTACT PICK UP – NEW ZEALAND

Stores in New Zealand will offer Zero Contact Pick Up when New Zealand Government Alert Level 2 measures are in effect.

Pre-payment of orders is preferred but the stores will accept EFTPOS and cash transactions at the point of pick up. When their order is ready, customers may pick up the order from a designated pick up point located inside the store.

If you have any questions about Domino’s Zero Contact Pick Up, you can speak with your customer service representative in store or contact us at feedback@dominos.com.au.

 

CAR PARK DELIVERY

Selected Australian and New Zealand stores offer a Car Park Delivery service.

 
We understand that our customers enjoy the value offered by picking up their orders directly from a Domino’s store, but may wish to limit their exposure to others during the COVID-19 pandemic. When placing an order online (via the website or the app), customers may opt into the Car Park Delivery service, which is free of charge. Car Park Delivery will be offered at participating stores during their usual hours of operation, however Domino’s does not guarantee complete availability of the service at all times.

When Car Park Delivery is selected, customers can wait in their car for their order to be delivered to them by a Domino’s team member. Once the customer has arrived at the store’s car park and they have safely parked their vehicle, the customer can then alert the store via SMS that they have arrived for pick up, advising the store of their vehicle’s make, model and colour. Customers will be asked through the app or via text message from the store to put on their hazard lights on to help the Domino’s team member locate their vehicle.   A Domino’s team member will then deliver the order to the customer at their vehicle. The Domino’s team member will ask the customer where they would like the order placed (ie into the boot of their car, onto a passenger seat, handed through the driver’s window etc).

Please note that Car Park Delivery is only available when customers park their vehicle within the store’s car park. Domino’s team members will not deliver orders to vehicles parked in neighbouring car parks or in the surrounding streets. If a customer cannot find a parking space within the store’s car park, they should park safely elsewhere and go into the store to collect their order. If the Domino’s team member cannot locate the customer’s vehicle in the store’s car park, they will text or call the customer and ask them to either come into the store or to call the store.

 

COVID-19 CONTACT TRACING

We are required to collect the personal information of dine-in customers in accordance with the relevant laws. Your personal information will be handled in accordance with our Privacy Policy.

 

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.

 

INDEMNITY

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.

 

GENERAL

These Terms & Conditions of Use shall be governed by the laws of the Queensland, Australia. Any claim or dispute between you and Domino's that arises in whole or in part from the Domino's website shall be decided exclusively by a court of competent jurisdiction located in Brisbane, Queensland. These Terms & Conditions of Use, together with the Domino's website Privacy Policy and any other legal notices published by Domino's on the website, shall constitute the entire agreement between you and Domino's concerning the website.

If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Domino's to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.