Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzana-piz.click (the "Website") or any services offered by Pizzana ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website located at pizzana-piz.click, or by placing an order for food products or related services through any channel we operate, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Pizzana.

If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

You must be at least eighteen (18) years of age to use our Website and services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. We will notify users of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Website or services after any such changes constitutes your acceptance of the revised Terms.

2. Description of Services

Pizzana is a food service company operating in the United States. Through our Website at pizzana-piz.click, we offer the following services:

• Online Menu Browsing: Users may view our current menu offerings, including food items, specialty pizzas, beverages, and related products.
• Online Ordering: Users may place orders for food items for delivery, carryout, or dine-in, subject to availability and our operational hours.
• Account Creation: Users may create a personal account to manage orders, save preferences, and access loyalty rewards where applicable.
• Customer Support: We provide customer support via email and other channels to assist with orders, inquiries, and complaints.
• Promotional Content: We may offer coupons, promotional deals, and special offers to registered users and newsletter subscribers.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information for menu items, though such information is subject to change without notice.

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

The availability of menu items, delivery zones, pricing, and hours of operation may vary and are subject to change without prior notice. All orders are subject to acceptance and availability.

3. User Accounts and Registration

To access certain features of our Website and services, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately at [email protected] if you discover or suspect any security breaches related to your account.
• Accept responsibility for all activities that occur under your account and all charges incurred through your account.

We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion. You may not use another person's account without explicit permission. Account sharing is prohibited.

4. User Obligations and Prohibited Activities

As a condition of your use of our Website and services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to those of the United States. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Attempting 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.
• Using any automated means, including robots, crawlers, or data-mining tools, to download or scrape data from the Website without our express written consent.
• Transmitting any unsolicited commercial communications, including spam.
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Website.
• Uploading, transmitting, or distributing any computer viruses, worms, or any software intended to damage or alter a computer system or data.
• Collecting or harvesting any personally identifiable information from the Website without authorization.
• Impersonating any person or entity or falsely claiming an affiliation with any person or entity.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Using the Website to conduct any form of fraudulent activity.

4.2 Order-Related Prohibited Conduct

• Placing fraudulent or fictitious orders.
• Providing false delivery addresses or contact information.
• Attempting to obtain food or services without payment.
• Engaging in chargeback fraud or other payment-related misconduct.
• Abusing promotional offers, discount codes, or loyalty programs.
• Ordering food for resale without our prior written consent.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and we reserve the right to pursue any available legal remedies.

5. Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase food items subject to these Terms. We reserve the right to accept or decline any order at our sole discretion. An order is deemed accepted when you receive a confirmation of your order via the Website or email. We are not responsible for orders that are not confirmed.

Prices for menu items are displayed on the Website and are subject to change without notice. All prices are in United States Dollars (USD). Sales tax, delivery fees, service charges, and gratuity (where applicable) will be added to your order total and displayed prior to final checkout.

5.2 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated on our Website at the time of checkout. By submitting your payment information, you authorize us to charge the applicable fees to your designated payment method.

You represent and warrant that (i) any payment information you provide is accurate and complete; (ii) you are authorized to use the payment method provided; and (iii) charges incurred by you will be honored by your financial institution.

5.3 Pricing Errors

In the event of a pricing error on our Website, we reserve the right to cancel any orders placed at an incorrect price, even if the order has been confirmed. We will notify you of any such cancellation and provide a full refund of any amounts charged.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have concerns about your order, including issues with food quality, incorrect items, or missing items, please contact us immediately at [email protected]. Refunds or replacements may be issued at our sole discretion, depending on the nature of the issue and the circumstances.

Order cancellations may be accepted if the order has not yet entered the preparation stage. Once food preparation has begun, cancellations may not be possible.

5.5 Delivery

Delivery availability, estimated delivery times, and delivery fees are subject to change and are determined at the time of order placement. Estimated delivery times are not guaranteed and may vary based on distance, order volume, weather, and other factors. We are not liable for delays beyond our reasonable control.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Pizzana or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and trade secret laws, as well as other intellectual property laws and treaties.

The Pizzana name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Pizzana. You may not use any of our trademarks or service marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Website or its content.
• Use the Website or its content for any commercial purpose without our express written consent.
• Frame or mirror any part of the Website without our express written consent.
• Reverse engineer, decompile, or disassemble any software or technology underlying the Website.
• Remove or alter any copyright, trademark, or other proprietary notices from the Website.

Any use of the Website or its content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

7. User-Generated Content

If you submit, post, or otherwise provide any content to us, including reviews, comments, photos, or other feedback ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or otherwise control all of the rights to the User Content you provide; that the User Content is accurate and not misleading; and that use of the User Content does not violate these Terms and will not cause injury to any person or entity.

We reserve the right to remove any User Content at our sole discretion and without notice. We do not endorse or assume any liability for User Content submitted by users.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIZZANA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE.
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF FOOD ITEMS BEYOND WHAT IS REQUIRED BY APPLICABLE FEDERAL AND STATE LAW.

NUTRITIONAL AND ALLERGEN INFORMATION PROVIDED ON THE WEBSITE IS OFFERED AS A GENERAL GUIDE ONLY. INDIVIDUALS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS ARE STRONGLY ENCOURAGED TO CONTACT US DIRECTLY BEFORE PLACING AN ORDER. WE DO NOT GUARANTEE THAT ANY OF OUR FOOD ITEMS ARE FREE FROM ALLERGENS.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZANA, 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 DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• 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.
• ANY FOOD ITEM PURCHASED THROUGH OUR WEBSITE, INCLUDING ALLERGIC REACTIONS OR ADVERSE HEALTH EFFECTS.
• DELIVERY DELAYS OR FAILURES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and successors and assigns 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, including any data or content transmitted or received by you.
• Your violation of any rights of a third party, including intellectual property rights or privacy rights.
• Your violation of any applicable federal, state, local, or international law or regulation.
• Any User Content you submit, post, or transmit through the Website.
• Any misrepresentation made by you.
• Your willful misconduct or negligence.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall cooperate with our defense of such claims. You agree not to settle any claim without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pizzana. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or any information, software, or other products or materials found there, or any results that may be obtained from using them. We expressly disclaim any responsibility for any harm resulting from your use of third-party websites and resources.

If we use third-party delivery platforms or payment processors, those services are governed by the terms and policies of the respective third parties, and we encourage you to review those terms carefully.

12. Food Safety and Health Compliance

Pizzana complies with all applicable federal, state, and local food safety laws and regulations, including regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments. We hold all required food service licenses and permits as mandated by law.

Notwithstanding the foregoing, we cannot guarantee that our food items are entirely free from contamination, allergens, or other health risks. Customers with known food allergies, dietary restrictions, or health conditions are strongly encouraged to consult with a medical professional and to contact us directly at [email protected] before placing an order to discuss their needs.

Our calorie and nutritional information is provided as a general reference and may vary based on ingredient availability, preparation method, and portion size. This information is not intended to provide medical or dietary advice.

13. Privacy and Data Protection

Your privacy is important to us. Our use of your personal information is governed by our Privacy Policy, available on our Website at pizzana-piz.click, which is incorporated into these Terms by reference. By using our Website and services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

To the extent applicable, our data practices are governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), for California residents, and the Federal Trade Commission Act (FTC Act) for general consumer protection. We are committed to upholding applicable data protection rights and obligations under United States law.

14. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of the Website or services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Pizzana operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Pizzana arising out of or relating to these Terms shall be brought exclusively in a federal or state court of competent jurisdiction in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding.

Notwithstanding the foregoing, Pizzana reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

This Website is operated from the United States, and we make no representation that materials or services available through the Website are appropriate or available for use in other locations. If you access the Website from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pizzana at [email protected] and provide a written description of the dispute, your name, contact information, and the relief you are seeking. We will attempt to resolve any dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

15.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Website or services, shall be resolved by binding individual arbitration administered by a recognized arbitration body under its applicable rules. The arbitration shall be conducted in English and shall take place in the United States.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Pizzana agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. Either party may also seek emergency injunctive relief in court to prevent irreparable harm pending arbitration. The arbitration agreement does not apply to claims related to intellectual property infringement.

16. Term and Termination

These Terms shall remain in full force and effect while you use the Website or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to the Website and services at any time, with or without cause and with or without notice.
• Restrict or limit your access to certain features or portions of the Website.
• Remove or edit any content on the Website.
• Cancel pending or accepted orders under circumstances involving suspected fraud, violation of these Terms, or other compelling reason.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

17. Changes to Terms

We reserve the right to revise, amend, or replace these Terms of Service at any time in our sole discretion. We will provide notice of any material changes by:

• Updating the "Last Updated" date at the top of this page.
• Sending an email notification to registered users, where required by law.
• Posting a prominent notice on the Website.

It is your responsibility to review these Terms periodically. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Website and services immediately.

No amendment to these Terms will apply to any dispute that arose before the effective date of such amendment.

18. Severability

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

The failure of Pizzana to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

19. Entire Agreement

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

No oral or written information or advice given by Pizzana or its authorized representatives shall create a warranty or otherwise expand the scope of these Terms in any way. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

20. Force Majeure

Pizzana shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil disturbances, labor strikes, power outages, internet or telecommunications failures, or shortages of raw materials or labor. In the event of such circumstances, we will make reasonable efforts to notify you and to minimize the impact on your orders and service experience.

21. Electronic Communications

By using the Website and services, you consent to receive electronic communications from Pizzana, including emails, text messages, push notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have opted into our marketing communications and wish to opt out, you may do so at any time by following the unsubscribe instructions contained in any marketing email we send, or by contacting us directly at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional or administrative communications related to your account and orders.

22. Accessibility

Pizzana is committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards and guidelines, including those set forth under the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will make reasonable efforts to assist you.

23. Contact Information

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

We endeavor to respond to all inquiries within a reasonable timeframe. For urgent matters related to active orders, please use the fastest available contact method listed above.