Terms of Service

Please read these Terms of Service carefully before using the website pizzana-cafe.rest or any services offered by Pizzana. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

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-cafe.rest, including any content, functionality, products, and services offered on or through the website.

By visiting our website, creating an account, placing an order, subscribing to any service, or otherwise interacting with our platform, you affirm that:

• You are at least 18 years of age, or if you are between 13 and 17 years old, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You are not barred from receiving our services under any applicable law;
• You will comply with all applicable local, state, and federal laws and regulations while using our services.

Your continued use of our website or services following any modifications to these Terms shall constitute your acceptance of those modifications. If these Terms are considered an offer by Pizzana, your acceptance is expressly limited to these Terms.

2. Description of Services

Pizzana operates as a food service establishment providing customers with the ability to browse our menu, place orders for food and beverages, schedule pickup or delivery, make reservations, and engage with various promotional offerings. Our services include, but are not limited to:

2.1 Online Ordering

We offer an online ordering platform through our website pizzana-cafe.rest, allowing customers to browse our current menu offerings, customize food items, select pickup or delivery options (where available), and complete secure transactions for their orders. Menu items, prices, and availability are subject to change at any time without prior notice.

2.2 Delivery and Pickup Services

Pizzana may offer food delivery services within a defined geographic area. Delivery availability, minimum order requirements, delivery fees, and estimated delivery times are subject to change. We reserve the right to modify, suspend, or discontinue delivery services at any time. Pickup services allow customers to order in advance and collect their orders from our physical establishment during operating hours.

2.3 Catering and Special Orders

We may offer catering services and special group orders for events and gatherings. Catering orders may require advance notice, a minimum order quantity, and may be subject to separate catering agreements, deposits, and payment terms. Details regarding catering services are available by contacting us directly at [email protected].

2.4 Loyalty Programs and Promotions

Pizzana may, from time to time, offer loyalty programs, promotional discounts, coupons, or special offers. The terms and conditions of such programs are governed by their respective terms and may be modified or discontinued at our sole discretion. Promotional offers may not be combined unless expressly stated otherwise.

2.5 Website and Digital Services

Our website provides informational content about our restaurant, menu items, nutritional information (where available), company news, and other related content. We may also maintain social media accounts and email communications to keep our customers informed about our offerings and promotions.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and be responsible for all activities conducted under your account;
• Notify us immediately of any unauthorized use of your account or any other breach of security;
• Use our services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Treat our staff, delivery personnel, and other customers with respect and courtesy;
• Provide a valid and accurate delivery address and contact information when placing delivery orders;
• Be available to receive your delivery at the specified address and time window.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our website or services:

• Fraudulent Conduct: Placing fraudulent orders, using stolen payment information, engaging in chargebacks in bad faith, or misrepresenting your identity or affiliation;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or any other user accounts;
• Interference: Disrupting, overwhelming, or otherwise interfering with the proper functioning of our website or servers, including through denial-of-service attacks, malware, viruses, or other harmful code;
• Data Mining: Using automated tools, bots, scrapers, or similar mechanisms to extract data from our website without express written permission;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from any content on our website without prior written authorization;
• Harassment: Harassing, threatening, intimidating, or abusing any Pizzana employee, contractor, or fellow customer;
• False Reviews: Submitting false, misleading, or defamatory reviews or feedback about our products or services;
• Resale: Purchasing our products for the purpose of unauthorized resale or commercial exploitation without prior written consent;
• Violation of Law: Using our services in any manner that violates applicable local, state, or federal laws, including those related to food safety, consumer protection, and commerce.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate legal action, including cooperation with law enforcement authorities. We may also suspend or terminate your access to our services if we determine, in our sole discretion, that you have violated these Terms.

4. Intellectual Property Rights

4.1 Ownership

The website pizzana-cafe.rest, including all of its content, features, and functionality — such as but not limited to text, graphics, logos, images, photographs, video content, menu designs, recipes, audio clips, digital downloads, and data compilations — is owned by Pizzana and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international conventions.

4.2 Limited License

Subject to your compliance with these Terms, Pizzana grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website solely for your personal, non-commercial purposes of ordering food and engaging with our services. This license does not include any right to:

• Modify or copy our materials for commercial purposes;
• Use any data mining, robots, or similar data gathering and extraction methods;
• Download or copy account information for the benefit of a third party;
• Use our trademarks, trade names, logos, or other proprietary information without our express prior written consent.

4.3 Trademarks

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

4.4 User-Submitted Content

If you submit any content to us — including but not limited to reviews, feedback, photographs, or suggestions — you grant Pizzana a worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that the content does not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices listed on our website are in United States Dollars (USD) and are subject to applicable sales tax as required by law. Prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time of your order. We strive to display accurate price information, but we reserve the right to cancel or refuse any order placed based on an incorrect price.

5.2 Payment Methods

We accept various forms of payment, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on our website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your chosen payment method for the total amount of your order.

5.3 Order Confirmation

Upon successful placement of an order, you will receive an order confirmation via email or through the website. This confirmation constitutes acknowledgment of receipt of your order and does not represent acceptance or fulfillment of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product description, or concerns about fraud.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or credits may be issued at our discretion in cases where:

• An order was not delivered or was significantly delayed due to our error;
• A product was substantially different from what was ordered;
• A food safety concern arises directly attributable to our preparation;
• A duplicate charge was applied to your payment method.

To request a refund or report an issue with your order, please contact us within 24 hours of your order at [email protected]. Refund requests submitted after this window may not be honored.

5.5 Taxes

You are responsible for paying all applicable taxes associated with your purchases. We will collect applicable sales taxes as required by law and include them in your total at checkout.

6. Disclaimers and "As-Is" Basis

6.1 General Disclaimer

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PIZZANA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Website Availability

We do not warrant that our website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the website will be accurate or reliable. We reserve the right to modify, suspend, or discontinue the website or any portion thereof at any time, with or without notice, and without liability to you.

6.3 Food and Allergen Disclaimer

While we take great care in preparing our food products, Pizzana cannot guarantee that our kitchen is entirely free from allergens. Our products may contain or come into contact with common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and sesame. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. Pizzana shall not be liable for any adverse reactions resulting from undisclosed allergen sensitivities.

6.4 Third-Party Services

Our website may contain links to third-party websites or services. These links are provided for convenience only and do not imply endorsement by Pizzana of the linked site or service. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data;
• Loss of goodwill or business reputation;
• Cost of substitute goods or services;
• Business interruption;
• Personal injury or property damage not caused by our gross negligence or willful misconduct;
• Any other intangible losses.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIZZANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some or all of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of our website or services;
• Your violation of any applicable law, regulation, or the rights of a third party;
• Any content you submit, post, or transmit through our website;
• Your fraudulent, negligent, or intentionally wrongful acts or omissions;
• Any dispute between you and another user or third party 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 with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with 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 of America and the laws of the applicable state in which Pizzana is registered and principally operates, without regard to its conflict of law principles.

To the extent that any dispute is not subject to arbitration as set forth below, you consent to the exclusive personal jurisdiction of the state and federal courts located within the United States for the resolution of any such disputes. You waive any objection to the laying of venue of any such proceedings in such courts.

Pizzana's practices are also subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in or affecting commerce. Customers in California may also have additional rights under the California Consumer Privacy Act (CCPA/CPRA) as referenced in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving notice. Many disputes can be resolved quickly and amicably through direct communication.

10.2 Binding Arbitration

If an informal resolution cannot be reached within thirty (30) days, any controversy or claim arising out of or relating to these Terms, or any breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), except where prohibited by applicable law. The arbitration shall be conducted in English, and the arbitration award shall be final and binding upon both parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You also agree that you may bring claims against Pizzana only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims for intellectual property infringement, including copyright or trademark disputes, may also be brought in a court of competent jurisdiction.

11. Term and Termination

11.1 Duration

These Terms of Service shall remain in full force and effect for as long as you use our website or services, or maintain an account with us, whichever is longer.

11.2 Termination by You

You may terminate your use of our services and these Terms at any time by ceasing all use of our website, deleting your account (if applicable), and discontinuing all further interactions with our services. Any pending orders placed prior to termination will remain subject to these Terms.

11.3 Termination by Pizzana

We reserve the right, at our sole discretion, to suspend, restrict, or terminate your access to our website and services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service;
• Fraudulent, abusive, or unlawful conduct;
• Failure to pay for orders placed;
• Actions that may harm the reputation or operations of Pizzana;
• Technical or security concerns;
• Discontinuation of our business or services.

11.4 Effect of Termination

Upon termination of these Terms for any reason, your right to use our website and 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, payment obligations, disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

12. Changes to Terms

Pizzana reserves the right, in its sole discretion, to modify, revise, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify users through our website or via email.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of our website or services following the posting of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must cease using our website and services.

We will endeavor to provide reasonable notice of material changes to these Terms. However, changes made for legal, regulatory, or operational reasons may take effect immediately upon posting.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under any applicable law or rule, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

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. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and Pizzana concerning your use of our website and services, and supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and Pizzana.

14.2 No Agency

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or franchisee relationship between you and Pizzana. You do not have authority to bind Pizzana to any obligation.

14.3 Force Majeure

Pizzana shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, labor disputes, supply chain disruptions, or failures of third-party service providers. We will make reasonable efforts to resume performance as soon as practicable.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Pizzana may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

14.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

14.6 Accessibility

Pizzana is committed to making our website and services accessible to all users, including those with disabilities. If you experience any difficulty accessing our website or services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to contact us for any reason related to our services, please reach out to us using the following contact details:

We aim to respond to all inquiries within five (5) business days. For urgent matters, including food safety concerns or billing disputes, please indicate the urgency in your subject line to ensure prompt attention.