Terms of Service

Please read these Terms of Service carefully before using the website located at pizzapunch-food.rest or placing any order with Punch Pizza. 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 in their entirety. If you do not agree to these terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Punch Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website pizzapunch-food.rest (the "Site") and all related services, features, content, and functionality offered through or in connection with the Site (collectively, the "Services").

By using the Site or Services in any manner, including but not limited to browsing, placing an order, creating an account, or submitting any information through our Site, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You will comply with all applicable local, state, and federal laws and regulations in connection with your use of the Services.

If you are 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 in such case, "you" and "your" shall refer to that entity.

2. Description of Services

Punch Pizza is a food service business operating in the United States that offers the following products and services through its website and physical location(s):

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through the Site.
• Food and Beverage Products: We offer a variety of freshly prepared pizza, appetizers, salads, desserts, beverages, and related food items.
• Catering Services: We may offer catering packages for events, parties, and corporate functions, subject to availability and separate agreements.
• Loyalty and Rewards Programs: From time to time, we may offer promotional programs, loyalty rewards, or discount programs subject to their own specific terms and conditions.
• Customer Account Management: Users may create accounts to manage their orders, preferences, saved addresses, and payment methods.
• Promotional Offers and Coupons: We may offer special deals, discount codes, and promotions through the Site, email, or other marketing channels.

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, pricing, availability, and delivery zones are subject to change without notice. Not all menu items may be available at all times or in all locations. Photographs and descriptions on the Site are for illustrative purposes only; actual products may vary.

3. User Accounts and Registration

To access certain features of the Services, including the ability to place online orders and manage preferences, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials, including your username and password;
• Accept responsibility for all activities that occur under your account;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to terminate or suspend your account at any time, for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or conduct that we determine to be harmful to other users, third parties, or our business interests.

You may not create an account using a false identity or impersonate any person or entity. You may not create or operate more than one account for the purpose of circumventing restrictions, obtaining fraudulent benefits, or abusing promotional offers.

4. User Obligations and Prohibited Activities

As a condition of your use of the Services, you agree to comply with all applicable laws and regulations and to refrain from engaging in any activity that is harmful, unlawful, or otherwise prohibited. Without limiting the foregoing, you agree that you will not:

4.1 General Prohibited Conduct

• Use the Site or Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Punch Pizza or other users;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Submit false, misleading, or fraudulent orders, reviews, or other information;
• Use the Services to send unsolicited communications (spam);
• Collect or harvest any personally identifiable information from the Site without authorization;
• Use any automated means, including robots, scrapers, or data mining tools, to access or collect data from the Site.

4.2 Technical Prohibited Conduct

• Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems connected to the Site;
• Transmit any viruses, worms, malware, or other harmful or malicious code;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Attempt to reverse engineer, decompile, or disassemble any software or technology used to operate the Site;
• Use any technique to circumvent or defeat any security or authentication measures of the Site.

4.3 Order-Related Prohibited Conduct

• Place fraudulent, fictitious, or abusive orders;
• Attempt to exploit pricing errors, technical glitches, or system errors to obtain food or services at unintended prices;
• Misuse promotional codes, coupons, or loyalty rewards in a manner not authorized by their stated terms;
• Engage in chargebacks or payment disputes in bad faith;
• Provide false delivery addresses or contact information for the purpose of obtaining refunds or duplicate orders.

Violation of any of the foregoing may result in immediate termination of your account, cancellation of orders, and where applicable, reporting to law enforcement authorities.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food and/or services from Punch Pizza. We reserve the right to accept or decline your order at our sole discretion. An order is not confirmed until you receive an order confirmation email or notification from us.

We make every effort to ensure that our menu and pricing information displayed on the Site is accurate. However, errors may occasionally occur. In the event of a pricing error or product availability issue, we reserve the right to cancel or modify your order and will notify you promptly. If payment has already been processed for a canceled order, we will issue a full refund.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes, as well as any applicable delivery fees, service charges, or gratuities, which will be disclosed at checkout. Prices are subject to change at any time without prior notice.

5.3 Payment Methods

We accept various payment methods as indicated on the Site at the time of checkout, which may include major credit and debit cards (Visa, Mastercard, American Express, Discover), digital wallets, and other payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge the applicable amount to your payment method.

Payment processing is handled by third-party payment processors. We do not store complete credit card information on our servers. By using our payment services, you agree to the terms and privacy policies of our third-party payment processors.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has commenced. If you experience a problem with your order—such as receiving incorrect items, missing items, or food quality concerns—please contact us within a reasonable time of receiving your order at [email protected]. We will review complaints on a case-by-case basis and, at our discretion, may offer a refund, credit, or replacement order.

Order cancellations must be made before the order has entered preparation. Once preparation has begun, cancellations may not be possible, and no refund will be issued.

5.5 Delivery Terms

Delivery availability, estimated delivery times, and delivery zones are subject to change. Delivery estimates provided on the Site are approximations only and are not guaranteed. Punch Pizza shall not be liable for delays caused by weather conditions, traffic, high order volumes, or other factors beyond our reasonable control. Risk of loss and title for food products passes to you upon delivery to the delivery address you provide.

6. Intellectual Property Rights

The Site and all of its content, features, and functionality—including but not limited to text, graphics, photographs, logos, icons, images, audio clips, video clips, data compilations, software, and the selection, arrangement, and presentation thereof—are the exclusive property of Punch Pizza and/or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

The Punch Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Punch Pizza. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

6.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with ordering food products and using our Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content on the Site;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Use the Site or its content for any commercial purpose without our express written consent;
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.

6.2 User-Submitted Content

If you submit any content to us—including reviews, feedback, photographs, comments, or suggestions ("User Content")—you grant Punch Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party intellectual property rights or violate any applicable laws.

7. Disclaimers and "As-Is" Basis

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

We do not warrant that the food products will meet your specific dietary requirements, allergen requirements, or nutritional expectations. While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food is free from cross-contamination with allergens. Customers with severe food allergies or dietary restrictions should contact us directly before placing an order.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.

IN ALL CASES, PUNCH PIZZA'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PUNCH PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth in this section shall apply regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or otherwise, even if Punch Pizza has been advised of the possibility of such damages. The foregoing limitations are an essential element of the bargain between you and Punch Pizza without which we would not have provided the Services.

Certain state laws, including those applicable in New Jersey and Massachusetts, do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply to you, some or all of the above limitations and disclaimers may not apply, and you may have additional rights.

9. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") 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;
• Your use of the Site or Services in a manner not expressly authorized by these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights;
• Any content you submit, post, or transmit through the Site;
• Your negligent or wrongful conduct;
• Any dispute between you and any third party arising from your use of the 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 agree to cooperate fully with us in asserting any available defenses.

10. Third-Party Links and Services

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Punch Pizza. 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 endorse or make any representations about third-party websites, services, or the products or services offered thereon.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit or use. Your use of any third-party website or service is at your own risk and subject to the terms and conditions of such third party.

Our payment processing services are provided by third-party processors who are solely responsible for the security of payment data. We are not liable for any loss or damage arising from your use of third-party payment services.

11. Food Safety, Allergens, and Health Information

Punch Pizza takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge and agree that:

• Our food products are prepared in a shared kitchen environment where allergens such as gluten, dairy, nuts, eggs, soy, shellfish, and other common allergens may be present;
• We cannot guarantee that any menu item is completely free from any specific allergen;
• Nutritional information provided on the Site is approximate and may vary depending on preparation methods, ingredient substitutions, and portion sizes;
• You are responsible for making informed choices about the food you consume, particularly if you have known food allergies, intolerances, or medical dietary restrictions.

If you have a severe food allergy or a medical condition requiring strict dietary adherence, please contact us directly at [email protected] before placing an order to discuss your needs.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, 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 and the applicable laws of the state in which Punch Pizza principally operates, without regard to its conflict of law provisions.

To the extent permitted by law, you agree that any legal action or proceeding relating to your access to, or use of, the Site or Services shall be instituted in a court of competent jurisdiction in the United States. You and Punch Pizza agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

If you are a consumer located in California, you may also have rights under the California Consumer Privacy Act (CCPA/CPRA), California's Consumers Legal Remedies Act (CLRA), and other applicable California consumer protection laws. Nothing in these Terms is intended to limit or waive any rights you may have under applicable state consumer protection laws.

These Terms are also subject to the Federal Trade Commission Act (FTC Act) and other applicable federal consumer protection statutes, to the extent they apply to our business practices.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Punch Pizza at [email protected] and attempt to resolve the dispute informally. We will make good faith efforts to resolve any complaint or dispute within thirty (30) days of receiving written notice from you describing the nature of the dispute and the relief you seek.

13.2 Binding Arbitration

If we are unable to resolve a dispute informally within thirty (30) days, you and Punch Pizza agree to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any breach, termination, enforcement, interpretation, or validity thereof, through final and binding arbitration, rather than in court, except as set forth below.

The arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules, which are incorporated herein by reference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted in English and, unless otherwise agreed, will take place in the United States. The arbitrator shall have the authority to award any remedy that would be available in a court of law.

13.3 Class Action Waiver

YOU AND PUNCH PIZZA 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 ACTION, CLASS ARBITRATION, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties 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.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information pending arbitration. Additionally, claims that are eligible for small claims court may, at either party's option, be brought in small claims court rather than arbitration.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services, or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms;
• Discontinue or modify the Services or any part thereof at any time, for any reason, without notice to you;
• Refuse service to any person for any lawful reason.

Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

If you wish to terminate your account, you may do so by contacting us at [email protected] or through the account settings on the Site, if available.

15. Changes to These Terms

We reserve the right to revise and update these Terms of Service at any time and for any reason at our sole discretion. All changes are effective immediately when we post them on this page, unless we indicate otherwise. We will update the "Last Updated" date at the top of these Terms to reflect any revisions.

Where we make material changes to these Terms, we may notify you by:

• Sending an email notification to the email address associated with your account;
• Posting a prominent notice on the Site;
• Other reasonable means of communication.

Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the updated Terms. You are expected to check this page periodically for any changes. If you do not agree to the revised Terms, you must immediately stop using the Site and Services and, if applicable, close your account.

16. Privacy Policy

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

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to opt out of sale of personal information, and the right to non-discrimination. Please refer to our Privacy Policy for more information about your rights and how to exercise them.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Punch Pizza with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and us regarding the same subject matter.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, invalid, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, 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 invalidated by such modification or severance.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. If any provision is found to be unenforceable in a particular jurisdiction, it shall not affect the enforceability of that provision in any other jurisdiction.

19. Waiver

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

A waiver of any default shall not be deemed a waiver of any subsequent default of the same or any other provision.

20. Force Majeure

Punch Pizza shall not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance 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 without limitation:

• Acts of God, natural disasters, floods, fires, earthquakes, or epidemics;
• War, invasion, hostilities, terrorist threats or acts, riots, or other civil unrest;
• Government orders, laws, or actions;
• National or regional emergencies;
• Strikes, labor disputes, or shortages of adequate labor or materials;
• Telecommunications or internet service failures;
• Supply chain disruptions affecting food ingredients or packaging.

21. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you wish to exercise any rights you may have under applicable law, please contact us using the information below:

We will endeavor to respond to all inquiries within a reasonable time. For urgent matters relating to food safety, health concerns, or account security, please reach out to us immediately via email.