Terms of Service

Please read these Terms of Service carefully before using the website located at pizzafactory-food.click (the "Website") or placing any order with Pizza Factory ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Pizza Factory governing your access to and use of our Website, services, and food products.

1. Acceptance of Terms

By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service in their entirety, you must immediately discontinue all use of our Website and services.

These Terms of Service apply to all visitors, users, customers, and others who access or use our Website or services. By using our services, you represent and warrant that you are at least eighteen (18) years of age, or that you are the age of majority in your jurisdiction of residence, and that you have the legal capacity to enter into a binding contract. If you are under the age of eighteen (18), you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

Your continued use of the Website following any modifications to these Terms of Service constitutes your acceptance of such modifications. It is your responsibility to review these Terms of Service periodically for any updates or changes.

2. Description of Services

Pizza Factory is a food service establishment that provides customers with a variety of food and beverage products, including but not limited to pizzas, appetizers, salads, beverages, desserts, and other menu items (collectively, the "Products"). Through our Website, we offer the following services:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery directly through the Website.
• Delivery Services: We may offer delivery services within designated geographic areas, subject to availability, minimum order requirements, and applicable delivery fees.
• Pickup Services: Customers may place orders online and pick them up at our designated location(s).
• Account Management: Registered users may create and manage personal accounts to streamline the ordering process, save delivery addresses, and review order history.
• Promotions and Special Offers: We may offer promotional deals, discounts, loyalty programs, and special offers from time to time through the Website or other communication channels.
• Customer Support: We provide customer support via email and phone to assist with inquiries, complaints, and order-related issues.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Menu items, pricing, availability, and delivery areas are subject to change without prior notice. Not all menu items may be available at all times. We reserve the right to substitute or remove any item from our menu at our discretion.

3. User Accounts and Registration

To access certain features of our Website, including placing online orders, you may be required to create a user account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to terminate or suspend your account at our sole discretion, without prior notice or liability, for any reason whatsoever, including if we believe that you have violated these Terms of Service.

4. User Obligations and Prohibited Activities

As a user of our Website and services, you agree to use them only for lawful purposes and in accordance with these Terms of Service. You agree that you will not:

• Use the Website or services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations;
• Engage in any fraudulent activity, including but not limited to providing false personal information, using stolen payment methods, or submitting fraudulent chargebacks;
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;
• Use any automated means, including robots, scrapers, or data mining tools, to collect or extract data from the Website without our prior written consent;
• Transmit any viruses, malware, spyware, or other harmful computer code through the Website;
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Harass, abuse, threaten, defame, or otherwise violate the rights of our employees, agents, or other users;
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Use the Website or services to send unsolicited communications, including spam or promotional messages, without our prior written authorization;
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying our Website;
• Place orders with no intention of accepting delivery or collecting the Products;
• Abuse our promotional offers, discount codes, or loyalty programs, including creating multiple accounts to exploit such offers;
• Engage in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

Violation of any of the above prohibited activities may result in immediate termination of your account, cancellation of pending orders, and/or referral to appropriate law enforcement authorities. We reserve the right to pursue any and all legal remedies available to us under applicable law.

5. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of the Products, applicable taxes, delivery fees, and any other applicable charges. All prices are listed in United States Dollars (USD) and are subject to change without prior notice.

We accept various forms of payment, which may include major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

You authorize us to charge your selected payment method for the total amount of your order at the time the order is placed. For recurring promotions or subscription-based services, if applicable, you authorize us to charge your payment method on a recurring basis until you cancel such services in accordance with the applicable cancellation policy.

All sales are subject to applicable federal, state, and local taxes. The applicable tax amount will be calculated and displayed at checkout before you confirm your order.

In the event of a pricing error on our Website, we reserve the right to cancel any orders placed at the incorrect price. We will notify you as soon as practicable if this occurs and provide a full refund if payment has already been collected.

5.1 Refunds and Cancellations

Orders may be cancelled or modified within a limited time period following placement, as specified on the Website. Once an order has been confirmed and preparation has begun, cancellation may not be possible. If you believe there is an issue with your order, including incorrect items, missing items, or quality concerns, please contact us promptly at [email protected] so that we may address the issue. Refund eligibility will be determined on a case-by-case basis in accordance with our refund policy.

6. Allergen and Dietary Information

Our Products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, soy, and other allergens. While we make reasonable efforts to accommodate dietary restrictions and allergen sensitivities, we cannot guarantee that any menu item is completely free of allergens. Cross-contamination may occur in our kitchen facilities.

If you have food allergies or dietary restrictions, it is your responsibility to review the allergen information available on our Website or by contacting us directly before placing an order. By placing an order, you acknowledge and accept the risk of allergen exposure and agree that Pizza Factory shall not be held liable for any allergic reaction or adverse health effects resulting from the consumption of our Products.

7. Intellectual Property Rights

All content, materials, and elements available on or through the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and other intellectual property (collectively, the "Intellectual Property"), are the exclusive property of Pizza Factory or its content suppliers and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.), as well as applicable international intellectual property treaties.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with purchasing our Products and using our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any content from the Website;
• Modify or create derivative works based on the Website or its content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of another party;
• Use any meta tags or other hidden text utilizing our name or trademarks.

Any unauthorized use of our Intellectual Property is strictly prohibited and may constitute a violation of applicable intellectual property laws, entitling us to seek all available legal remedies. If you believe that any content on our Website infringes upon your intellectual property rights, please notify us at [email protected] with a detailed description of the alleged infringement.

All feedback, suggestions, ideas, or other submissions you provide to us regarding our Website or services may be used by us without restriction or compensation to you, and you hereby assign to us all rights in such submissions.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Pizza Factory. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms of service and privacy policy of any third-party website you visit.

We may also use third-party delivery platforms or payment processors to facilitate certain aspects of our services. Your use of such third-party services is subject to their respective terms and conditions, and we shall not be liable for any actions, omissions, or policies of such third parties.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, PRODUCTS, AND CONTENT PROVIDED BY PIZZA FACTORY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, PIZZA FACTORY DOES NOT WARRANT THAT:

• THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE WEBSITE WILL BE CORRECTED;
• THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• The purchase, consumption, or use of our Products;
• Any errors or omissions in the content of the Website.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIZZA FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PIZZA FACTORY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Pizza Factory and you. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, service providers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in a manner not authorized by these Terms of Service;
• Your violation of any applicable federal, state, or local laws or regulations;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any misrepresentation made by you.

We reserve the right, at our expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Pizza Factory operates, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Subject to the dispute resolution provisions set forth in Section 13 below, you agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Website or services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms of Service are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive trade practices, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, and all other applicable federal consumer protection laws and regulations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to resolve any dispute, claim, or controversy within thirty (30) days of receiving your written notice. This informal dispute resolution process is a prerequisite to any formal proceeding.

13.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means within the thirty (30) day period, any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding.

The arbitration shall be conducted on an individual basis. You agree that you may not participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Pizza Factory. By agreeing to these Terms of Service, you expressly waive your right to participate in a class action or class-wide arbitration.

13.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidential information, or other proprietary rights. Such emergency relief shall not be deemed a waiver of the right to arbitrate other claims.

13.4 Time Limitation on Claims

You agree that any claim arising out of or related to these Terms of Service or your use of the Website or services must be filed within one (1) year after such claim arose. If the applicable statute of limitations requires a longer period, the one (1) year limitation shall still apply to the fullest extent permitted by law.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use our Website or services. We reserve the right, at our sole discretion, to terminate or suspend your access to the Website or services at any time, with or without cause and with or without notice, effective immediately.

Without limiting the foregoing, we may terminate or suspend your access if we determine that:

• You have violated any provision of these Terms of Service;
• You have engaged in fraudulent or illegal conduct;
• Your use of the Website or services poses a security risk or may harm us, other users, or third parties;
• We are required to do so by law or regulatory authority;
• We decide to discontinue the Website or services, in whole or in part.

Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and governing law provisions.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to the date of termination.

15. Changes to Terms of Service

We reserve the right to modify, amend, or update these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms of Service, we will provide notice by updating the "Last Updated" date at the top of this page. We may also provide additional notice through the Website, by email to the address associated with your account, or by other means as we deem appropriate.

Your continued use of the Website or services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. If you do not agree to the revised Terms of Service, you must immediately discontinue your use of the Website and services and, if applicable, delete your account.

We encourage you to review these Terms of Service periodically to stay informed of any updates. Changes to these Terms of Service will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except that changes addressing new functions or changes made for legal reasons will be effective immediately.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, severed from these Terms of Service. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provisions of these Terms of Service, which shall continue in full force and effect.

No waiver by Pizza Factory of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pizza Factory to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and Pizza Factory with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Pizza Factory regarding the subject matter hereof.

These Terms of Service do not limit any rights that we may have under trade secret, copyright, patent, trademark, or other intellectual property laws, or any other applicable law.

18. Force Majeure

Pizza Factory shall not be held liable for any failure or delay in the performance of its obligations under these Terms of Service where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, fires, pandemics, epidemics, labor disputes or strikes, civil unrest, government actions or orders, supply chain disruptions, power outages, internet or telecommunications failures, or any other event or circumstance beyond our reasonable control (a "Force Majeure Event").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as practicable and will notify you of the occurrence and expected duration of such event.

19. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Service without our prior written consent. Any purported assignment in violation of this provision shall be null and void. We may freely assign, transfer, or sublicense any or all of our rights and obligations under these Terms of Service without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

20. Notices

All notices, requests, demands, and other communications under these Terms of Service shall be in writing. Notices to Pizza Factory shall be sent by email to [email protected] or by mail to our address on file. Notices to you may be sent by email to the address associated with your account or posted on the Website. Notice shall be deemed received when sent by email (provided no delivery failure notification is received) or when posted on the Website.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service or our services, please do not hesitate to contact us using the information provided below: