Terms of Service

Please read these Terms of Service carefully before using the website located at pizzas-pizzana.click (the "Website") or any services offered by Pizzana ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Pizzana governing your access to and use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at pizzas-pizzana.click, placing an order, registering an account, or engaging with any of our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with any additional terms, guidelines, or policies incorporated herein by reference, including our Privacy Policy.

If you do not agree to these Terms of Service, you must immediately cease all use of this Website and our services. Your continued use of the Website following any modifications to these Terms of Service shall constitute your acceptance of such changes.

These Terms of Service apply to all visitors, users, customers, and others who access or use the Website. By using our services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, and that you have the legal capacity to enter into binding contracts under applicable law. If you are using this Website on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service.

2. Company Information

These Terms of Service are entered into by and between you and:

3. Description of Services

Pizzana is a food service business that operates through its Website at pizzas-pizzana.click. Our services include, but are not limited to, the following:

• Online Food Ordering: We provide an online platform through which customers may browse our menu, select food items, customize their orders, and submit orders for delivery or pickup.
• Menu Information: We present detailed information about our food offerings, including ingredients, pricing, allergen information (to the best of our ability), and availability.
• Order Management: We facilitate the processing, confirmation, and fulfillment of food orders placed through our Website.
• Customer Account Services: We may offer registered users the ability to manage their profile, view order history, save preferences, and receive promotional communications.
• Delivery and Pickup Services: Depending on your location and availability, we offer food delivery to designated areas or in-store/curbside pickup options.
• Promotions and Loyalty Programs: From time to time, we may offer promotional discounts, special deals, coupons, or loyalty reward programs to eligible customers.
• Customer Support: We provide customer support services via email and other communication channels to assist with orders, complaints, and general inquiries.

All services are subject to availability. We reserve the right to modify, suspend, or discontinue any service or feature at any time without prior notice. Pizzana shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Food items and menu offerings are subject to change based on ingredient availability, seasonality, and operational decisions. We make every reasonable effort to keep menu information current and accurate, but we cannot guarantee that all items will be available at all times.

4. User Obligations and Prohibited Activities

4.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when registering an account or placing an order.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms of Service.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website.
• Promptly pay for all orders placed through the Website in accordance with the applicable payment terms.
• Treat our staff, delivery personnel, and other users with respect and courtesy.
• Ensure that you or a responsible adult is present to receive delivery orders at the designated delivery location.
• Review allergen and ingredient information carefully before placing an order, especially if you have food allergies or dietary restrictions.

4.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, deceptive, or unlawful purpose.
• Attempt to gain unauthorized access to any portion of the Website, server, database, or connected systems.
• Engage in any activity that could disable, damage, overburden, or impair the Website or interfere with any other party's use of the Website.
• Use automated tools, bots, scrapers, or similar technologies to access, collect, or harvest data from the Website without our express written permission.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Website.
• Submit false, misleading, or inaccurate information, including false reviews, fraudulent orders, or fabricated complaints.
• Use another person's account, identity, or payment information without authorization.
• Engage in any conduct that harasses, intimidates, threatens, or harms any employee, agent, or other user of Pizzana.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without our express written consent.
• Transmit any viruses, malware, spyware, or other harmful code through the Website.
• Violate any applicable export control laws or use the Website in any manner that could damage Pizzana's reputation or business relationships.
• Place orders with no genuine intent to receive or pay for them, or engage in "chargebacks" or payment disputes in bad faith.

Violation of any of the above prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders, and may subject you to civil or criminal liability under applicable law.

5. Account Registration and Security

Certain features of our Website may require you to create an account. When registering, you agree to provide truthful and complete information and to keep your registration data up to date. You are solely responsible for safeguarding your password and for all activities that occur under your account.

Pizzana reserves the right to suspend or terminate accounts that contain inaccurate information, are used in violation of these Terms of Service, or are suspected of fraudulent activity. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

You may not transfer or assign your account to any other person or entity. Each user may maintain only one active account unless otherwise permitted by Pizzana in writing.

6. Orders, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food items at the listed price. Pizzana reserves the right to accept or decline your order for any reason, including but not limited to item unavailability, pricing errors, or suspected fraudulent activity. An order is confirmed only when you receive a written or electronic order confirmation from us.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales taxes and fees as required by federal, state, and local law. Prices are subject to change without prior notice. Delivery fees, service fees, and applicable gratuity may be added to your order total at checkout.

We make every effort to display accurate pricing; however, in the event of a pricing error, we reserve the right to cancel your order and issue a full refund, or contact you to confirm whether you wish to proceed at the correct price.

6.3 Payment

Payment for all orders must be made at the time of purchase through the payment methods accepted on our Website, which may include major credit cards, debit cards, and other digital payment platforms. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information provided is accurate.

We use industry-standard encryption and security measures to protect your payment information. However, we cannot guarantee the absolute security of electronic transactions. By using our online payment system, you acknowledge and accept the inherent risks of transmitting financial information online.

6.4 Cancellations and Refunds

Orders may be cancelled within a limited timeframe following placement, depending on whether preparation has already commenced. Once food preparation has begun, cancellations may not be accepted. Refunds, if applicable, will be processed in accordance with our Refund Policy, which is incorporated herein by reference. Please contact us at [email protected] for any concerns regarding cancellations or refunds.

7. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, photographs, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pizzana or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark law.

The Pizzana name, logo, and all related marks, names, and slogans are trademarks or service marks of Pizzana. You may not use any of our trademarks without our prior written permission. Nothing in these Terms of Service grants you any right or license to use our intellectual property.

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

• Reproduce, distribute, modify, or create derivative works of any Website content.
• Use the Website content for any commercial purpose or public display.
• Remove any proprietary notices or labels from the Website content.
• Frame or mirror any part of the Website without our express written consent.

Any unauthorized use of the Website content may violate copyright, trademark, and other applicable laws and could result in civil and criminal penalties. We reserve all rights not expressly granted in these Terms of Service.

If you believe that content on our Website infringes your copyright, please send a written notice to [email protected] in accordance with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

8. User-Generated Content

If you submit reviews, comments, feedback, photographs, or other content to our Website or social media channels associated with Pizzana ("User Content"), you grant Pizzana 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 worldwide in any media.

You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not infringe the rights of any third party. You agree that your User Content will not be defamatory, obscene, abusive, threatening, harassing, or otherwise unlawful.

Pizzana reserves the right to remove any User Content at our sole discretion and without prior notice if we determine that it violates these Terms of Service or applicable law.

9. Food Safety, Allergens, and Health Disclaimers

Pizzana takes food safety seriously and strives to comply with all applicable food safety regulations under federal law, including the Food Safety Modernization Act (FSMA), as well as applicable state and local health codes.

However, you acknowledge that:

• Our food is prepared in a kitchen environment that handles common allergens, including gluten, dairy, eggs, nuts, soy, shellfish, and other potential allergens.
• While we make efforts to accommodate dietary restrictions, we cannot guarantee that any menu item is entirely free of specific allergens due to shared preparation surfaces and equipment.
• If you have severe food allergies or specific dietary needs, you are strongly encouraged to contact us directly at [email protected] before placing an order.
• Calorie counts, nutritional information, and ingredient lists provided on the Website are approximate and may vary based on preparation methods and portion sizes.

Pizzana shall not be liable for any adverse reactions, health complications, or injuries arising from consumption of our food products, to the fullest extent permitted by applicable law.

10. Disclaimers — Services Provided "As Is"

THE WEBSITE AND ALL SERVICES PROVIDED BY PIZZANA ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIZZANA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE.
• ANY WARRANTY RELATED TO THE QUALITY, TASTE, OR SUITABILITY OF ANY FOOD PRODUCT FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall apply to the maximum extent permitted by applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PIZZANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.
• ANY BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH OUR WEBSITE BY ANY THIRD PARTY.
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED OR TRANSMITTED THROUGH THE WEBSITE.

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

The limitations of liability set forth in this section reflect a fair allocation of risk between the parties and are an essential element of the basis of the bargain between Pizzana and you. These limitations shall apply even if Pizzana has been advised of the possibility of such damages.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana and its respective officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or 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 law, regulation, or third-party rights.
• Any User Content you submit, post, or transmit through the Website.
• Your willful misconduct, negligence, or fraud.
• Any dispute between you and any third party in connection with your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Pizzana. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We do not warrant the accuracy or reliability of information found on third-party sites.

We encourage you to read the terms and privacy policies of any third-party websites you visit. Your use of third-party sites is at your own risk. Pizzana is not liable for any losses or damages resulting from your use of or reliance on any third-party content, products, or services.

14. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Website and services. By using our services, you consent to the data practices described in our Privacy Policy.

Where applicable, our data practices are subject to the requirements of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive trade practices.

15. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to any conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms of Service are also subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and any applicable state consumer protection statutes. Where California law applies, users may have additional rights under the CCPA/CPRA.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms of Service or our services informally by contacting Pizzana at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving written notice.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any unresolved dispute, claim, or controversy arising out of or relating to these Terms of Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF THIS WAIVER IS FOUND UNENFORCEABLE, THEN THE ARBITRATION PROVISION SHALL BE NULL AND VOID WITH RESPECT TO SUCH DISPUTES.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

17. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with Pizzana. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Website or services at any time, with or without cause and with or without notice.
• Refuse service to any person or entity for any reason at any time.
• Cancel or refuse any order that we reasonably believe to be fraudulent or in violation of these Terms of Service.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Website and services will immediately cease. Sections of these Terms of Service that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

18. Changes to Terms of Service

Pizzana reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where feasible, provide notice through the Website or via email to registered users.

It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of any revised Terms of Service constitutes your acceptance of the modified terms. If you do not agree to the revised terms, you must immediately discontinue your use of the Website.

We encourage you to review these Terms of Service each time you access the Website to ensure you are aware of the most current version.

19. Force Majeure

Pizzana shall not be liable for any failure or delay in performance of its obligations under these Terms of Service to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or restrictions, labor disputes, supply chain disruptions, power outages, internet service disruptions, or other events constituting force majeure under applicable law.

20. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms of Service. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

The parties agree that the invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the original provision.

21. Entire Agreement and Waiver

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

No waiver by Pizzana of any breach or default of any provision of these Terms of Service shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms of Service. Any failure by Pizzana to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

22. Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of Pizzana. Pizzana may freely assign or transfer its rights and obligations under these Terms of Service at any time without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Electronic Communications

By using our Website or communicating with us electronically, you consent to receive communications from Pizzana electronically. We may communicate with you via email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

24. Consumer Rights Notice

Nothing in these Terms of Service is intended to limit or exclude any rights you may have as a consumer under applicable federal or state law. Certain consumer protection statutes may provide rights that cannot be waived by contract. These Terms of Service shall be interpreted and applied consistently with your statutory consumer rights to the extent required by applicable law.

Consumers located in California may have additional rights under the California Consumer Privacy Act (CCPA), the California Consumer Legal Remedies Act (CLRA), and other applicable California statutes. If you are a California resident with questions about your rights, please contact us at [email protected].

25. Contact Information

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

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, we encourage you to contact us immediately via email at [email protected].