Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website pizzanas.click ("Website," "Platform") or any services offered by Pizzana ("Company," "we," "us," or "our"). By accessing our Website, placing an order, creating an account, or otherwise engaging with our services, you ("User," "Customer," "you") agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing or using any portion of pizzanas.click, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy and any other policies incorporated herein by reference. These Terms constitute a legally binding agreement between you and Pizzana.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater, and that you have the legal capacity to enter into this Agreement. If you are accessing or using our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

Your continued use of our Website or services following any modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Pizzana is a food service business operating in the United States. Through the Website pizzanas.click, we offer the following services:

• Online ordering of food products including, but not limited to, pizzas, appetizers, beverages, desserts, and other menu items;
• Delivery and/or pickup options for ordered food items, subject to availability and geographic restrictions;
• Account creation and management for a personalized ordering experience;
• Access to promotional offers, loyalty programs, and digital coupons where applicable;
• Catering services and special event orders, where available;
• Customer support and communication channels;
• Informational content regarding our menu, ingredients, nutritional information, and business operations.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, prices, and availability are subject to change without prior notice. Not all services or menu items may be available in all locations.

Pizzana does not guarantee that delivery services will be available at all times. Delivery times provided are estimates only and are not guaranteed. Factors including but not limited to weather conditions, traffic, high order volumes, and third-party delivery partner availability may affect delivery times.

3. User Accounts and Registration

To access certain features of our Website, including online ordering, you may be required to create a user account. When creating 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 and confidentiality of your account credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.

We reserve the right to terminate, suspend, or restrict access to any account at our sole discretion, without notice or liability, if we believe that the account information is inaccurate, that account activity violates these Terms, or for any other reason we deem appropriate.

You may not create more than one account per individual or transfer your account to another person. Guest checkout may be available for purchases without account creation; however, certain features and benefits may only be accessible to registered users.

4. User Obligations and Prohibited Activities

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

4.1 User Obligations

You agree to:

• Provide truthful and accurate information in all interactions with Pizzana;
• Pay all applicable charges, fees, and taxes associated with your orders;
• Respect the rights and dignity of our staff, delivery personnel, and other customers;
• Comply with any and all instructions provided by Pizzana regarding food safety, pickup procedures, and delivery requirements;
• Use the Website only for personal, non-commercial purposes unless expressly authorized in writing by Pizzana.

4.2 Prohibited Activities

You are strictly prohibited from engaging in the following activities in connection with your use of our Website and services:

• Violating any applicable federal, state, or local law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act, and applicable state consumer protection laws;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Using automated systems, bots, scrapers, crawlers, or other software to access or interact with the Website without our express written consent;
• Attempting to gain unauthorized access to any portion of the Website, its servers, or any related systems or networks;
• Introducing viruses, malware, ransomware, or any other harmful code or technology;
• Engaging in fraudulent orders, chargebacks, or payment disputes without legitimate cause;
• Placing orders with no intent to receive or pay for them;
• Harassing, threatening, or abusing our employees, contractors, delivery personnel, or other customers;
• Reverse engineering, decompiling, or disassembling any portion of the Website;
• Collecting or harvesting personal information from other users;
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, or otherwise objectionable;
• Using our services for any commercial solicitation, spam, or unsolicited communications;
• Circumventing or attempting to circumvent any security or access control mechanisms on the Website;
• Engaging in any activity that could damage, disable, overburden, or impair the Website or servers.

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 Acceptance

When you place an order through our Website, you are making an offer to purchase the selected items. Your order is not confirmed until you receive an order confirmation from Pizzana via email or through the Website. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, or service charges unless expressly stated. Applicable taxes will be calculated and displayed at checkout based on your location and applicable tax laws.

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 promptly. You will be given the option to reorder at the correct price or receive a full refund.

5.3 Payment Methods

We accept the following payment methods, subject to availability:

• Major credit cards (Visa, MasterCard, American Express, Discover);
• Debit cards;
• Digital payment platforms (e.g., Apple Pay, Google Pay), where available;
• Gift cards or promotional credits issued by Pizzana, subject to their terms and conditions.

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Pizzana to charge the full order amount, including applicable taxes and fees, to that payment method. All payment transactions are processed through secure third-party payment processors. Pizzana does not store full payment card information on its servers.

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 experience a problem with your order, such as receiving incorrect items or items of unsatisfactory quality, please contact us within twenty-four (24) hours of receiving your order at [email protected]. Refunds or replacements are issued at our sole discretion on a case-by-case basis.

Order cancellations must be made before the order has entered the preparation stage. Once preparation has begun, cancellations may not be accepted, and charges will apply.

6. Intellectual Property Rights

All content, materials, and elements available on or through pizzanas.click, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall design and layout of the Website (collectively, "Intellectual Property"), are the exclusive property of Pizzana or its licensors and are protected by applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

Subject to your compliance with these Terms, Pizzana grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use of ordering food and accessing related information. This license does not include the right to:

• Copy, reproduce, distribute, or publicly display any content from the Website;
• Modify, adapt, translate, or create derivative works based on our content;
• Use any of our trademarks, logos, or service marks without our express written consent;
• Commercially exploit any content from the Website;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

Any unauthorized use of our Intellectual Property is strictly prohibited and may constitute infringement of copyright, trademark, or other applicable laws, which may subject you to civil and criminal penalties.

If you believe that content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with detailed information regarding your claim, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Disclaimers and As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION 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:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES OF NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Nutritional and allergen information provided on our Website is offered for general informational purposes only and may not be exhaustive. Our food products are prepared in kitchens where allergens, including but not limited to nuts, gluten, dairy, eggs, and shellfish, may be present. If you have food allergies or dietary restrictions, it is your responsibility to contact us directly before placing an order to discuss your specific needs. Pizzana makes no guarantees regarding the safety of our products for individuals with specific food allergies or dietary requirements.

We do not warrant or guarantee the quality, accuracy, or completeness of any user-generated content, third-party content, or external links that may appear on or be accessed through our Website. Any reliance you place on such information is at your own risk.

8. Limitation of Liability

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

• LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR GOODWILL;
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
• 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, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED THROUGH OUR WEBSITE BY THIRD PARTIES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL PIZZANA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between Pizzana and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana, its parent companies, 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 or misuse of the Website or services;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any content, data, or information you submit, post, or transmit through the Website;
• Your negligence, fraud, or willful misconduct;
• Any dispute between you and any third party arising in connection with your use of our services.

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

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their 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 the applicable laws of the state in which Pizzana is registered and operates, without giving effect to any choice or conflict of law provisions.

To the extent that any dispute is not subject to binding arbitration as set forth in Section 11 below, you consent to the exclusive personal jurisdiction of the federal and state courts located within the applicable jurisdiction of Pizzana's principal place of business for the purpose of litigating all such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

These Terms are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in or affecting commerce. Depending on your state of residence, additional state consumer protection laws may apply to your use of our services.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pizzana at [email protected] and attempt to resolve the dispute informally. Pizzana will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within thirty (30) days, either party may proceed to arbitration as described below.

11.2 Binding Arbitration

Except for disputes that qualify for small claims court and any claims for injunctive or equitable relief to protect intellectual property rights, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in the English language. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT EACH PARTY 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, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. Further, 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.

11.4 Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of first agreeing to these Terms by providing written notice to [email protected] with the subject line "Arbitration Opt-Out." If you opt out of binding arbitration, both you and Pizzana agree to the exclusive jurisdiction of the federal and state courts as specified in Section 10.

12. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our Website or services. You may terminate your relationship with Pizzana at any time by ceasing all use of the Website and, if applicable, deleting your account.

Pizzana reserves the right, in its sole discretion, to:

• Terminate or suspend your account and access to all or part of the Website and services at any time, with or without cause, and with or without prior notice;
• Refuse service to any person for any reason not prohibited by applicable law;
• Discontinue the Website or any portion thereof at any time;
• Take any action we deem necessary or appropriate if we believe you have violated these Terms or any applicable law.

Upon termination:

• Your license to use the Website and services shall immediately terminate;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution;
• Pizzana may retain your account information and order history as required by law or for legitimate business purposes;
• Any outstanding obligations or amounts owed by you to Pizzana shall become immediately due and payable.

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, terms of service, or practices of any third-party websites or services. We do not warrant or make any representations concerning the accuracy, legality, decency, or any other aspect of the content of such third-party sites.

We strongly advise you to read the terms of service and privacy policies of any third-party websites you visit. The inclusion of any link does not imply endorsement by Pizzana of the third-party site. If we use third-party delivery partners to fulfill your orders, such partners operate independently and their own terms and conditions may apply. Pizzana shall not be liable for the acts or omissions of any third-party delivery partner.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Website and services are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to our data practices as described in our Privacy Policy.

To the extent applicable, our data practices comply with relevant federal privacy laws and regulations, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and applicable state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, where applicable. For more information about your privacy rights, please refer to our Privacy Policy or contact us at [email protected].

15. Force Majeure

Pizzana shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance or obligations under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, explosion, natural disasters, epidemic or pandemic, government actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, governmental orders or restrictions, strikes, labor stoppages, embargoes, transportation failures, power outages, telecommunications failures, internet service disruptions, or supply chain disruptions.

16. Changes to Terms of Service

Pizzana reserves the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page;
• Posting the revised Terms on our Website at pizzanas.click;
• Sending an email notification to registered users where we deem appropriate.

Your continued access to or use of the Website or services after the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must immediately stop using our Website and services and, if applicable, close your account.

We encourage you to review these Terms periodically. The most current version of these Terms will always be available at pizzanas.click.

17. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any single provision.

The parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of the Terms shall be valid and enforceable to the greatest extent permitted by law. A waiver of any provision or breach of these Terms by Pizzana shall not be deemed a waiver of any other provision or subsequent breach.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines 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, both written and oral, with respect to such subject matter.

No waiver by Pizzana of any term or condition set forth 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. No waiver shall be effective unless made in writing and signed by an authorized representative of Pizzana.

19. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Pizzana. Any attempted assignment without such consent shall be null and void. Pizzana may freely assign or transfer these Terms, or any rights or obligations hereunder, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Electronic Communications

By using our Website or services, you consent to receiving electronic communications from Pizzana. These communications may include order confirmations, account notifications, promotional offers, and other information related to your use of our services. 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.

You may opt out of receiving marketing and promotional communications at any time by following the unsubscribe instructions in our emails or by contacting us 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.

21. Contact Information

If you have any questions, concerns, complaints, or comments about these Terms of Service, our Website, or our services, please contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

When contacting us regarding a dispute, complaint, or legal matter, please include your full name, contact information, order number (if applicable), and a detailed description of your inquiry or concern so that we may assist you effectively.

For legal notices required under these Terms, please send written correspondence via certified mail or email to the contact information provided above. Legal notices sent via email must be confirmed by written acknowledgment from Pizzana to be deemed received.