Terms of Service

Please read these Terms of Service carefully before using the website pizzana.rest or any services offered by Pizzana. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pizzana ("Company," "we," "us," or "our"), governing your access to and use of the website located at pizzana.rest (the "Website") and all related services, products, and content offered therein (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any newsletter or promotional communications, or otherwise interacting with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using our 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 all references to "you" and "your" shall apply to both you individually and that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use our Services under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Pizzana is a food service business that provides customers with the ability to browse our menu offerings, place online orders for food and beverages, schedule pickup or delivery, make payments, manage loyalty accounts (where applicable), and access various promotional offers and content related to our food establishment.

Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for food and beverage items for in-store pickup or delivery, subject to availability and location-based restrictions.
• Delivery Services: Where available, we may offer delivery through our own drivers or through third-party delivery platforms. Delivery availability, fees, and estimated delivery times may vary based on your geographic location and other factors.
• Account Management: Registered users may create and manage personal accounts to track order history, save preferences, and manage loyalty rewards, where applicable.
• Promotional Offers: We may periodically offer coupons, discount codes, promotional deals, or loyalty rewards through our Website or via email and other communications.
• Informational Content: We provide content about our menu, ingredients, nutritional information, company news, and other food-related information.
• Customer Support: We offer customer support via email and other communication channels to assist with orders, complaints, and inquiries.

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, prices, availability, and promotional offers are subject to change without prior notice. We do not guarantee the availability of any specific menu item at any given time.

3. User Accounts and Registration

Certain features of our Services may require you to create a user account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account, whether or not you authorized such activities. We reserve the right to suspend or terminate your account at our sole discretion if we suspect unauthorized use, fraud, or any violation of these Terms.

You may not create more than one account per individual, transfer your account to another person, or use another person's account without their express permission. Accounts created using automated means or by bots are strictly prohibited.

4. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations, and to use our Services only for lawful purposes and in accordance with these Terms.

4.1 General User Obligations

You agree to:

• Provide accurate and truthful information when using our Services, including when placing orders and creating accounts.
• Honor all orders placed through our Website and pay for all items ordered.
• Treat our staff and representatives with respect and courtesy.
• Comply with all applicable health and safety regulations, including those related to food pickup and delivery.
• Promptly notify us of any allergies or dietary restrictions relevant to your order.
• Be present or make appropriate arrangements to receive your delivery order within the estimated delivery window.

4.2 Prohibited Activities

You expressly agree NOT to engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with no intent to pay, using stolen or unauthorized payment methods, or engaging in chargeback fraud.
• Abusive Conduct: Harassing, threatening, or abusing our employees, contractors, delivery personnel, or other customers.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other technological infrastructure.
• Scraping and Data Mining: Using automated tools, bots, spiders, scrapers, or other automated means to access, collect, or harvest data from our Website without our express written consent.
• Reverse Engineering: Attempting to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software underlying our Services.
• Malware Distribution: Uploading, transmitting, or distributing viruses, malware, or any other malicious code that could damage, disrupt, or interfere with our Services or the systems of other users.
• Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Spam: Sending unsolicited commercial communications, spam, or bulk messages through our Website or using our contact information.
• Circumventing Security: Attempting to circumvent, disable, or interfere with any security features, access controls, or usage limitations of our Services.
• Prohibited Purchases: Attempting to purchase items in violation of any applicable law, including purchasing alcohol or other age-restricted products if you are under the legal age.
• Coupon Abuse: Using promotional codes or coupons in a manner inconsistent with their terms, including using expired codes, sharing non-transferable codes, or attempting to duplicate or counterfeit promotional offers.
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or that interferes with the proper functioning of our Services.

Violation of any of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil or criminal liability under applicable law.

5. Orders, Pricing, and Payment Terms

5.1 Order Placement and Confirmation

When you place an order through our Website, you are making an offer to purchase the selected items subject to these Terms. We reserve the right to accept, reject, or cancel any order at our sole discretion, including due to unavailability of items, errors in pricing, suspected fraud, or limitations on order quantities.

An order is not confirmed until you receive a written confirmation via email or through our Website. We are not responsible for orders that fail to process due to technical errors, internet connectivity issues, or inaccurate information provided by you.

5.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or gratuity unless otherwise stated. Applicable federal, state, and local taxes will be calculated and added to your order total at checkout.

In the event of a pricing error on our Website, we reserve the right to cancel any orders placed at the incorrect price and notify you of such cancellation. We will not be obligated to fulfill orders at erroneous prices.

5.3 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit and debit cards, digital wallets, and other payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.

All payment transactions are processed through secure third-party payment processors. We do not store your full payment card information on our servers. Your use of payment processing services is subject to the terms and privacy policies of the applicable third-party payment processor.

5.4 Cancellations and Refunds

Orders may be cancelled prior to preparation. Once an order has entered the preparation stage, cancellations may not be possible. Refund eligibility is determined on a case-by-case basis at our sole discretion. If you believe you are entitled to a refund due to an error on our part, incorrect items, or food quality issues, please contact us at [email protected] within 24 hours of receiving your order.

We reserve the right to issue refunds in the form of account credits, replacement orders, or monetary refunds, as we deem appropriate. Refunds, if approved, will be processed to the original payment method within 5–10 business days, subject to your financial institution's processing times.

6. Delivery Terms and Conditions

Delivery services are subject to availability based on your delivery address, time of order, and other operational factors. We do not guarantee delivery within any specific time frame, and estimated delivery times are approximations only.

You are responsible for providing accurate and complete delivery information, including address, unit numbers, and any access instructions. We are not responsible for failed or delayed deliveries resulting from incorrect or incomplete address information.

Risk of loss and title to food items passes to you upon delivery to the address provided. If you are not present to receive your delivery and we are unable to contact you, we reserve the right to leave the order at the delivery location or return it, and you may not be entitled to a refund.

Where delivery services are provided through third-party platforms, additional terms and conditions of those platforms may apply. We are not responsible for the acts or omissions of third-party delivery providers.

7. Intellectual Property Rights

All content available on our Website and through our Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, menu designs, recipes (as presented publicly), software, and the overall look and feel of the Website (collectively, "Content"), is the exclusive property of Pizzana or its licensors and is protected by United States copyright, trademark, trade dress, and other intellectual property laws.

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

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

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works based on any Content;
• Use any Content for commercial purposes;
• Remove any copyright, trademark, or other proprietary notices from any Content;
• Frame or link to our Website without our express written consent.

Any use of our Content beyond the scope of the limited license granted herein, without our prior written consent, is strictly prohibited and may constitute infringement of our intellectual property rights, entitling us to seek all available remedies under law, including injunctive relief and monetary damages.

If you submit any content to us, including reviews, feedback, suggestions, or photographs ("User Content"), you grant Pizzana a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

8. Food Allergen and Dietary Information Disclaimer

We make reasonable efforts to provide accurate information about ingredients and potential allergens in our menu items. However, our food products are prepared in a shared kitchen environment where cross-contamination with common allergens — including but not limited to gluten, dairy, nuts, eggs, soy, and shellfish — may occur.

We cannot guarantee that any menu item is completely free of any specific allergen. Customers with severe food allergies or dietary restrictions should exercise caution and consult with our staff directly before placing an order. We are not liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

Nutritional information provided on our Website is approximate and may vary based on ingredient substitutions, preparation methods, and portion sizes. This information is provided for general informational purposes only and should not be relied upon as medical or nutritional advice.

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 TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, 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 use of or inability to use our Services or Website;
• Any goods, services, or information obtained through our Services;
• Unauthorized access to or alteration of your data;
• Any errors, mistakes, or inaccuracies in our Content;
• Any food quality issues, allergen reactions, or health effects related to our products;
• Delivery delays, errors, or failures;
• Any third-party conduct or content accessible through our Services;
• Any other matter relating to our Services.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion or limitation of certain warranties or liability. The above limitations may not apply to you to the extent prohibited by applicable state law.

10. Disclaimers — Services Provided "As Is"

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH OUR SERVICES.

We do not warrant that defects in our Services will be corrected, or that our Website or the servers that make it available are free of viruses or other harmful components. We do not guarantee the continued availability of any particular menu item, promotional offer, or service feature.

References to third-party services, products, or websites on our platform do not constitute an endorsement, recommendation, or warranty by Pizzana of any third party's products, services, or practices.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana, its affiliates, officers, directors, employees, agents, licensors, and service providers 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 or any applicable law or regulation;
• Your use of our Services or Website;
• Any order placed by you, including issues arising from delivery addresses provided by you;
• Your User Content or any content you submit through our Services;
• Your violation of any third party's rights, including intellectual property rights or privacy rights;
• Any fraud, misrepresentation, or unauthorized use of your account;
• Any claims by third parties arising from 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.

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 laws of the state in which Pizzana operates, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction.

To the extent that any claim or dispute is not subject to the arbitration provisions set forth below, you and Pizzana agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our Services are operated in the United States. We make no representations that the Services are appropriate or available for use in other locations. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

In accordance with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), we are committed to maintaining fair and truthful advertising and business practices. Nothing in these Terms shall limit any rights you may have under applicable federal or state consumer protection laws.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us 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 the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

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

Except for claims that may be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, your use of our Services, or any products or services offered by Pizzana — including any question regarding the existence, validity, interpretation, breach, or termination of these Terms — shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, as applicable.

The arbitration shall be conducted by a single neutral arbitrator selected in accordance with AAA rules. The arbitration shall take place in the United States, and the arbitrator shall apply United States federal law and applicable state law. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, except that the arbitrator shall have no authority to award punitive damages beyond those available under applicable law.

13.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision in Section 13.2 shall be void, and any disputes shall be resolved in a court of competent jurisdiction.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services. We may, in our sole discretion, with or without cause and with or without notice, terminate your account, revoke your access to our Services, or cancel any pending orders, for any reason, including if we believe you have violated these Terms, applicable law, or the rights of any third party.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligation to pay amounts owed to us or of any liability arising from your use of our Services prior to termination.

Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as a prominent announcement on our Website or by sending an email notification to the address associated with your account.

Your continued use of our Website or Services after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services immediately.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of these Terms will always be available at pizzana.rest.

16. 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, practices, or terms of any third-party websites or services. We do not warrant the offerings of any third party or their websites.

You acknowledge and agree that Pizzana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

17. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in connection with your use of our Services.

To the extent our Services are used by residents of California, our practices are also subject to the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), as applicable. Please review our Privacy Policy for details regarding your privacy rights.

18. Force Majeure

We shall not be held liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, strikes, labor disputes, government actions or restrictions, war, terrorism, civil unrest, fire, flood, power outages, internet disruptions, supply chain interruptions, or other events of force majeure.

In the event of a force majeure, we will make reasonable efforts to notify you and resume performance as soon as practicable. Any obligation or deadline affected by a force majeure event shall be extended for a period equivalent to the duration of such event.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms.

The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. The remaining provisions shall be construed as if the invalid or unenforceable provision had never been included in these Terms.

The failure by Pizzana to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision at any time in the future, nor shall it constitute a waiver of any other provision of these Terms.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines posted on our Website, constitute the entire agreement between you and Pizzana with respect to your use of our Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No amendment to or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Pizzana, except as otherwise provided in these Terms with respect to our right to update these Terms unilaterally.

21. Waiver

No waiver by Pizzana of any term or condition set out in these Terms 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 Pizzana to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any purported assignment without such consent shall be null and void.

Pizzana may freely assign or transfer these Terms or any of its rights or obligations hereunder to any affiliate, subsidiary, or successor in interest without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of each party's successors and permitted assigns.

23. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

24. Electronic Communications

By using our Services and providing us with your email address, you consent to receive electronic communications from us, including order confirmations, receipts, promotional emails, and notices regarding changes to our Terms or policies. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional emails by clicking the "unsubscribe" link included in such emails or by contacting us at [email protected]. Please note that even if you opt out of promotional emails, we may still send you transactional or service-related communications.

25. Accessibility

Pizzana is committed to ensuring that our Website and Services are accessible to individuals with disabilities to the extent practicable. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers while using our Website, please contact us at [email protected] so that we may address your concerns.

26. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights under these Terms, or our Services, please contact us using the information below: