Terms of Service

Please read these Terms of Service carefully before using the website pizza-factory.rest or any services offered by Pizza Factory. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using the website located at pizza-factory.rest (the "Website"), placing an order, or otherwise engaging with Pizza Factory (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Pizza Factory ("Company," "we," "us," or "our"). If you are using the 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, in which case "you" shall refer to such entity.

Users must be at least 13 years of age to use our Website. Users under the age of 18 must have parental or guardian consent to use our Services, particularly for placing orders or making payments. By using our Services, you represent and warrant that you meet these age requirements.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Pizza Factory is a food service business operating in the United States. We offer the following services through our Website and physical location(s):

• Online Ordering: Customers may browse our menu and place orders for food and beverages, including pizza, pasta, sides, desserts, and beverages, for pickup or delivery.
• Dine-In Services: We provide in-restaurant dining experiences at our physical location(s).
• Catering Services: We offer catering options for events, gatherings, and corporate functions, subject to availability and advance booking requirements.
• Delivery Services: We provide food delivery services within designated service areas. Delivery availability, fees, and estimated times may vary based on location and demand.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discounts, coupons, or loyalty rewards programs.
• Gift Cards: We may offer gift cards for purchase and redemption toward food and beverage purchases.
• Customer Support: We offer customer support via email and phone to assist with orders, complaints, and general inquiries.

We reserve the right to modify, suspend, or discontinue any aspect of the 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 the Services.

Menu items, prices, availability, and hours of operation are subject to change without prior notice. Images of food displayed on our Website are for illustrative purposes only and may not exactly represent the final product served.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of your use of the Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or contacting us.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access to your account.
• Be responsible for all activities that occur under your account.
• Use the Services only for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations.
• Comply with all applicable health and safety requirements, including any allergen notifications or dietary restrictions communicated to us.
• Ensure that someone of appropriate age is available to receive deliveries, especially for orders containing age-restricted products.
• Pay for all orders placed through our Website or in-person in a timely manner.

3.2 Prohibited Activities

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

• Using the Website for any fraudulent, deceptive, or unlawful purpose.
• Submitting false, misleading, or fraudulent orders or payment information.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Attempting to gain unauthorized access to our systems, servers, databases, or networks.
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other malicious code.
• Scraping, crawling, or using automated tools to extract data from the Website without our express written permission.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or Services for commercial purposes without our prior written consent.
• Interfering with or disrupting the integrity or performance of the Website or its underlying infrastructure.
• Harassing, threatening, or intimidating our employees, staff, delivery drivers, or other customers.
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable.
• Violating any applicable federal, state, or local laws, regulations, or ordinances.
• Using our Services to facilitate any activity that infringes upon the intellectual property rights of any third party.
• Engaging in any activity that could damage, disable, or impair the functionality of the Website.

We reserve the right to terminate or suspend your access to the Services immediately and without notice if we determine, in our sole discretion, that you have violated any of these prohibitions.

4. Account Registration

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

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

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.

5. Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website or in person, you are making an offer to purchase the selected items. We reserve the right to accept or decline your order at our discretion. An order confirmation does not constitute our acceptance of the order; acceptance occurs when we begin processing and preparing your order.

We make every effort to ensure that our menu and pricing information is accurate; however, errors may occasionally occur. In the event of a pricing error, we will notify you and give you the option to confirm the order at the correct price or cancel it for a full refund.

5.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. Additional charges may apply for delivery, service fees, or special requests.

5.3 Payment Methods

We accept various forms of payment, including but not limited to major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and cash for in-person transactions. By providing your payment information, you represent and warrant that you are authorized to use the selected payment method and that the information provided is accurate.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card information on our servers. By using our payment services, you also agree to the terms and conditions of our payment processing partners.

5.4 Refunds and Cancellations

Once an order has been accepted and preparation has begun, cancellations may not be possible. If you need to cancel an order, please contact us immediately at [email protected]. Refunds, if applicable, will be issued at our discretion based on the circumstances of the request and the status of the order.

If you are unsatisfied with your order due to an error on our part (e.g., incorrect items, missing items, quality issues), please contact us within 24 hours of receiving your order. We will work with you to provide an appropriate remedy, which may include a replacement, credit, or refund.

5.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to their specific terms and conditions. They may have expiration dates, minimum order requirements, or restrictions on specific menu items. We reserve the right to revoke or cancel any promotional offer at any time. Only one promotional code may be applied per order unless otherwise specified.

6. Delivery Terms

Delivery services are available within designated geographic areas. Delivery fees, minimum order amounts, and estimated delivery times are provided at checkout and are subject to change. Estimated delivery times are approximations and may be affected by factors beyond our control, including traffic, weather conditions, and order volume.

You are responsible for providing accurate delivery address information. We are not liable for failed deliveries resulting from incorrect or incomplete address information provided by you. If a delivery attempt is unsuccessful due to circumstances within your control (e.g., no one present to receive the order, incorrect address), you may not be entitled to a refund.

Risk of loss and title for food items pass to you upon delivery to the provided address. We are not responsible for the condition of food items after delivery has been completed.

7. Allergen and Dietary Information

We make reasonable efforts to provide accurate information regarding allergens and dietary content of our menu items. However, our kitchen handles ingredients that may contain common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and fish. Cross-contamination may occur, and we cannot guarantee that any menu item is completely free from allergens.

If you have a food allergy or dietary restriction, it is your responsibility to inform us at the time of ordering and to consult with our staff before consuming any product. Pizza Factory shall not be liable for any adverse reactions resulting from consumption of our food products where allergen information was not disclosed or where reasonable precautions were not taken by the customer.

8. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout ("Content"), is the exclusive property of Pizza Factory or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Pizza Factory name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizza Factory or its affiliates. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes related to placing orders and using our Services. This license does not include:

• Any resale or commercial use of the Website or its Content.
• Any collection and use of product listings, descriptions, or prices.
• Any derivative use of the Website or its Content.
• Any downloading or copying of account information for the benefit of another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its Content terminates the license granted herein. All rights not expressly granted in these Terms are reserved by Pizza Factory.

If you submit any content to us, including reviews, feedback, suggestions, photographs, or other materials ("User Content"), you grant Pizza Factory a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services and marketing activities.

9. Third-Party Links and Services

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

Our inclusion of any third-party link does not imply endorsement, sponsorship, or affiliation with that third party. You access third-party sites entirely at your own risk.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, inaccuracies, or omissions in menu items, prices, or product descriptions.
• Any delay or failure in delivery of food orders.
• Any food-related illness, allergic reaction, or injury, except where caused by our gross negligence or willful misconduct.

IN NO EVENT SHALL PIZZA FACTORY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

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

11. Disclaimers

THE SERVICES AND ALL CONTENT PROVIDED 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 PERMITTED BY APPLICABLE LAW, PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE.
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Pizza Factory does not warrant that the Website will be compatible with all devices or operating systems. We do not represent or warrant that the Website is appropriate or available for use in all geographic locations.

Any reliance you place on information provided on the Website is strictly at your own risk. We recommend that you independently verify any information that is material to your decision-making before placing an order or engaging with our Services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 Services, including but not limited to any use that is not expressly authorized by these Terms.
• Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights.
• Your violation of any applicable federal, state, or local law or regulation.
• Any User Content you submit, post, or transmit through the Services.
• Any false or misleading information provided by you in connection with your use of the Services.

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

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or the 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 Pizza Factory is registered and primarily operates, without regard to its conflict of law principles.

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

For consumers located in California, these Terms shall be additionally subject to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), where applicable. For all users, our practices are also governed by the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive business practices.

Nothing in this section shall limit our 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 confidential information.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pizza Factory at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to address your concerns within thirty (30) days of receiving written notice of the dispute. Many disputes can be resolved quickly and to your satisfaction through direct communication.

14.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means within thirty (30) days, any controversy or claim arising out of or relating to these Terms, the Services, or any breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the United States, in the state where Pizza Factory is primarily located, unless the parties mutually agree on a different location or opt for virtual proceedings.

The arbitrator shall have the authority to grant any remedy that would be available in court. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The costs of arbitration shall be shared equally by the parties, except that each party shall bear its own attorneys' fees, unless otherwise required by law or determined by the arbitrator.

14.3 Class Action Waiver

YOU AND PIZZA FACTORY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

14.4 Small Claims Court

Notwithstanding the arbitration agreement above, either party may bring an individual action in small claims court if the claim qualifies under the applicable rules of that court and is within the court's jurisdictional limits.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Services or maintain an account with us.

We may, in our sole discretion, with or without notice, terminate your access to and use of the Services, including suspending or deleting your account, for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Fraudulent, deceptive, or harmful conduct.
• Requests by law enforcement or other government agencies.
• Discontinuation of the Services or any part thereof.
• Unexpected technical or security issues.
• Extended periods of account inactivity.

You may terminate your account at any time by contacting us at [email protected] with a request to delete your account. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

Upon termination, the following provisions shall survive: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms

Pizza Factory reserves the right to modify, amend, or update these Terms of Service at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes, we may also provide additional notice, such as posting a notice on the Website, sending an email notification, or displaying a banner on the Website.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the updated Terms. It is your responsibility to check this page regularly to stay informed of any changes. If you do not agree with any revised Terms, you must stop using our Services immediately.

Changes to these Terms will not apply retroactively to disputes or matters that arose before the effective date of the change.

17. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving to the greatest extent possible the original intent of the provision. If such modification is not possible, the relevant provision shall be deemed severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been a part of these Terms.

18. Waiver

No waiver by Pizza Factory 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 by Pizza Factory to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

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

No oral or written information or advice given by Pizza Factory or its authorized representatives shall create a warranty or in any way increase the scope of Pizza Factory's obligations beyond what is expressly stated in these Terms.

20. Force Majeure

Pizza Factory shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions or orders, labor disputes, power outages, supply chain disruptions, internet outages, terrorism, civil unrest, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable. If the Force Majeure Event persists for an extended period, we may cancel affected orders and issue appropriate refunds.

21. Accessibility

Pizza Factory is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any accessibility issues while using our Website, please contact us at [email protected] so that we may assist you and work to resolve the issue.

22. Electronic Communications

By using the Services or contacting us electronically, you consent to receive communications from us in electronic form, including emails, text messages, and notices posted 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.

You may opt out of marketing 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 service-related communications regarding your orders or account.

23. Consumer Protection Rights

Nothing in these Terms of Service is intended to limit or exclude any rights you may have as a consumer under applicable United States federal or state law. These Terms are subject to all applicable federal and state consumer protection laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce.

For consumers located in California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), regarding the collection, use, and disclosure of your personal information. Please refer to our Privacy Policy for more information about your privacy rights.

For consumers in other states, applicable state consumer protection laws may also provide you with additional rights. We are committed to complying with all applicable consumer protection requirements.

24. Contact Information

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

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters related to active orders or deliveries, please contact us by email for the fastest response.