Terms of Service

Please read these Terms of Service carefully before using the website located at punchpizza-eat.rest (the "Website") or any services offered by Punch Pizza ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Punch Pizza governing your access to and use of our Website and services.

1. Acceptance of Terms

By accessing or using our Website at punchpizza-eat.rest, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service in their entirety, you must immediately discontinue use of our Website and services.

These Terms of Service apply to all visitors, users, customers, and others who access or use our Website. By using our services, you represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained the consent of a parent or legal guardian. If you are using the Website on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service.

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

2. Description of Services

Punch Pizza operates as a food service establishment offering a variety of pizzas, appetizers, beverages, and related food and drink products to consumers. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place food orders directly through our Website for delivery, carryout, or in-store pickup, depending on availability at your chosen location.
• Menu Information: We provide detailed descriptions of our menu items, including ingredients, pricing, and nutritional information where available.
• Account Management: Registered users may create and manage personal accounts to track order history, save payment information, and manage preferences.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discount codes, coupons, and loyalty rewards to eligible customers.
• Customer Support: We provide customer service assistance via email and other communication channels to address inquiries, complaints, and feedback.
• Catering Services: We may offer catering options for group events, corporate orders, and special occasions, subject to availability and advance scheduling.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of menu items may vary by location, season, and supply chain conditions. We do not guarantee that any particular menu item will be available at all times. Prices listed on the Website are subject to change without prior notice and may differ from prices available in-store.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing orders, or otherwise interacting with our Website.
• Maintain the security and confidentiality of your account login credentials and immediately notify us of any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms of Service.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.
• Accept responsibility for all activities that occur under your account, whether or not you have authorized such activities.
• Ensure that any information you provide to us does not infringe upon the rights of any third party.
• Promptly update your account information to keep it accurate and current.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or services for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false or misleading orders or payment information.
• Attempting to gain unauthorized access to any part of the Website, our servers, our databases, or any other systems connected to our services.
• Using automated tools, bots, scrapers, crawlers, or any other means to access, collect, or harvest data from our Website without our express written consent.
• Transmitting any viruses, malware, ransomware, trojan horses, worms, or other harmful code or technology that may damage or interfere with our Website or systems.
• Interfering with or disrupting the integrity or performance of the Website, including overloading our servers or networks.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written permission.
• Impersonating any person or entity, including Punch Pizza employees, representatives, or other users.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website or services.
• Posting or transmitting any content that is defamatory, obscene, abusive, offensive, hateful, or otherwise objectionable.
• Using our services to place orders that you have no intention of fulfilling or paying for.
• Abusing promotional offers, discount codes, or loyalty rewards programs through fraudulent means, including creating multiple accounts to take advantage of introductory offers.
• Circumventing, disabling, or otherwise interfering with any security-related features of the Website.
• Violating any applicable local, state, federal, or international law or regulation in connection with your use of the Website.

We reserve the right to investigate and prosecute violations of these prohibited activities to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Intellectual Property Rights

All content, materials, and intellectual property displayed on or made available through the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, the "Content"), are the exclusive property of Punch Pizza or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, trade secret, and patent laws.

The Punch Pizza name, logo, trade dress, and all related marks are trademarks or registered trademarks of Punch Pizza in the United States and may not be used in connection with any product or service that is not affiliated with, sponsored by, or endorsed by Punch Pizza, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Punch Pizza.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes in connection with using our services. This license does not include the right to:

• Modify or create derivative works based on the Content;
• Download, copy, or reproduce any Content except as necessary for personal, non-commercial use;
• Use data mining, robots, or similar data gathering or extraction tools on the Website;
• Frame or mirror any portion of the Website without our express written consent;
• Commercially exploit any portion of the Website or its Content.

Any unauthorized use of the Content or the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. We vigorously enforce our intellectual property rights to the fullest extent of the law.

5. Ordering 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 items in your order at the prices indicated. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, inaccuracies in pricing or product descriptions, or suspected fraudulent activity. Order confirmation does not constitute our acceptance of your order; acceptance occurs when we begin preparing your order.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales taxes, service fees, and delivery charges where applicable. Prices are subject to change at any time without notice. In the event of a pricing error on the Website, we reserve the right to cancel any orders placed at the incorrect price and will notify you of such cancellation.

5.3 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.4 Sales Tax

We are required by law to collect applicable sales taxes on orders. The applicable sales tax will be calculated at checkout based on the delivery address or pickup location and the applicable tax rates in your jurisdiction, in accordance with applicable United States federal and state tax laws.

5.5 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 begun. If you believe there is an error with your order or you have received a defective product, please contact us immediately at [email protected]. We will evaluate refund or replacement requests on a case-by-case basis at our sole discretion. Promotional credits, coupons, and gift cards are non-refundable and non-transferable unless otherwise specified.

6. Allergen and Dietary Information

We make reasonable efforts to provide accurate allergen and dietary information for our menu items on our Website. However, our food products are prepared in a shared kitchen environment where cross-contamination with common allergens — including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and tree nuts — may occur. We cannot guarantee that any menu item is completely free from any specific allergen.

If you have a severe food allergy or dietary restriction, we strongly encourage you to contact us directly before placing an order to discuss your specific needs. Punch Pizza shall not be liable for any adverse health reactions resulting from the consumption of our food products by individuals with food allergies, sensitivities, or dietary restrictions.

7. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED BY PUNCH PIZZA ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY 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 THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant or make any representations regarding the use or the results of the use of the Website or its content in terms of correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF PUNCH PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PUNCH PIZZA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

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

• Your violation of these Terms of Service or any applicable law or regulation;
• Your use of or inability to use the Website or our services;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or rights of publicity;
• Any misrepresentation made by you in connection with your use of the Website or our services;
• Any fraudulent, negligent, or willful misconduct on your part;
• Your use of any information obtained from the Website.

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 case you agree to cooperate fully with us in asserting any available defenses.

10. Governing Law and Jurisdiction

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

Subject to the dispute resolution provisions set forth in Section 11, you agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Website shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts or to the venue of any such action.

We operate in compliance with applicable United States federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and all other applicable federal and state regulations governing online commerce, food safety, and consumer protection. To the extent you are located in California, we also comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) with respect to your personal data.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief sought, and contact information. You agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date of your written notice. We will use reasonable efforts to respond to and attempt to resolve the dispute within that period.

11.2 Binding Arbitration

IF THE DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT IF SUCH CLAIMS QUALIFY.

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

11.3 Class Action Waiver

YOU AND PUNCH PIZZA AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND PUNCH PIZZA 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 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

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. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your access to all or any part of the Website or services for any reason, including violation of these Terms of Service;
• Terminate or suspend your user account if we believe you have engaged in any prohibited activity as described in Section 3;
• Remove or disable access to any content that we determine, in our sole discretion, violates these Terms of Service or applicable law;
• Discontinue the Website or any portion thereof at any time for any reason.

Upon termination of your access or account, your right to use the Website and services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Punch Pizza. These links are provided for your convenience only and do not constitute our endorsement, sponsorship, or approval of such third-party websites or their content, products, or services.

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 strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and the relevant third party, and Punch Pizza shall not be liable for any loss or damage of any kind arising from your use of or reliance on any third-party website or service.

14. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using our services, you consent to the practices described in our Privacy Policy.

We take the privacy of our users seriously and comply with all applicable privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and other applicable state and federal privacy regulations. For more information about your privacy rights, please review our Privacy Policy or contact us at [email protected].

15. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us, including but not limited to order confirmations, promotional emails, service announcements, and administrative messages. 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 promotional communications from us by following the unsubscribe instructions included in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative messages related to your orders or account.

16. Modifications to Terms of Service

We reserve the right to modify, amend, or update these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms of Service on our Website at punchpizza-eat.rest;
• Where feasible and required by applicable law, provide additional notice such as notification via email or a prominent notice on our Website.

Your continued use of the Website or services after any such changes become effective constitutes your acceptance of the revised Terms of Service. If you do not agree to the revised Terms, you must stop using the Website and services immediately. We encourage you to review these Terms of Service regularly to stay informed of any changes. The most current version of these Terms of Service will always be posted on our Website.

17. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted and severed from these Terms of Service. The invalidity, illegality, or unenforceability of any particular provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms of Service, which shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.

The parties intend that any provision held invalid or unenforceable be replaced by a valid provision that, to the greatest extent possible, achieves the same purpose and economic effect as the original provision.

18. Waiver

No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if it is in writing and signed by an authorized representative of Punch Pizza.

19. Entire Agreement

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

20. Force Majeure

Punch Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms of Service 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, government orders or regulations, fire, floods, earthquakes, labor disputes, supply chain disruptions, telecommunications or internet failures, acts of terrorism, or war. In the event of such circumstances, we will use reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service or our services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.