Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pizzapunch-food.click (the "Site") or any services offered by Punch Pizza ("Company," "we," "us," or "our"). These Terms govern your use of our Site and services. By accessing or using our Site, placing an order, or otherwise engaging with Punch Pizza, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, browsing, or using the Punch Pizza website at pizzapunch-food.click, or by placing a food order through any of our available channels, you expressly agree to comply with and be legally bound by these Terms of Service, along with our Privacy Policy and any other policies or guidelines incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Punch Pizza.

If you do not agree with any part of these Terms, you must immediately discontinue your use of this Site and our services. We reserve the right to refuse service to anyone who violates these Terms or engages in conduct that we, in our sole discretion, consider harmful, unlawful, or contrary to the spirit of this Agreement.

By using this Site, you represent and warrant that:

• 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 guardian consent;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You will use our services only for lawful purposes and in accordance with these Terms;
• All information you provide to us is accurate, current, and complete.

2. Description of Services

Punch Pizza is a food service business operating in the United States, dedicated to providing customers with high-quality pizza and related food and beverage products. Through our website at pizzapunch-food.click, we offer the following services:

2.1 Online Ordering

Customers may browse our menu and place orders for pizza, side dishes, beverages, and other food items online. Orders can be placed for delivery, carryout/pickup, or dine-in (where applicable) depending on availability at your selected location.

2.2 Menu Information

We provide detailed descriptions, pricing, nutritional information (where available), and images of our food products. Menu offerings, prices, and availability are subject to change without prior notice and may vary by location.

2.3 Account Registration

Users may optionally create an account on our Site to save preferences, view order history, and enjoy a streamlined ordering experience. Account registration requires the provision of accurate personal information and the creation of a secure password.

2.4 Promotional Offers and Loyalty Programs

From time to time, Punch Pizza may offer promotional discounts, coupon codes, loyalty rewards, or special deals. These offers are subject to their own specific terms and conditions and are valid only as stated in the applicable promotion.

2.5 Catering and Special Orders

Punch Pizza may offer catering services or the ability to place large group orders. These services may require advance notice and are subject to additional terms communicated at the time of inquiry.

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.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of the Punch Pizza website and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Keep your account credentials confidential and notify us immediately of any unauthorized access to your account;
• Use the Site and services only for their intended, lawful purposes;
• Comply with all applicable local, state, and federal laws and regulations of the United States;
• Promptly pay for all orders placed through our Site;
• Ensure that your delivery address and contact information are accurate and up to date.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Site or services:

Violation of any of the prohibited activities listed above may result in the immediate suspension or termination of your account, cancellation of pending orders, and potential legal action as permitted under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content available on the Punch Pizza website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), is the exclusive property of Punch Pizza or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

4.2 Limited License

Subject to your compliance with these Terms, Punch Pizza grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, duplicate, copy, sell, or exploit any portion of the Site or Content;
• Modify, create derivative works of, or adapt any Content;
• Reverse engineer any software or systems used on the Site;
• Remove or alter any copyright, trademark, or proprietary notices;
• Use any Content for commercial purposes without our prior written consent.

4.3 Trademarks

The name "Punch Pizza," our logo, and all related product names, slogans, and service marks are trademarks or registered trademarks of Punch Pizza in the United States. You may not use these marks without prior written permission from Punch Pizza. Unauthorized use of our trademarks may violate federal and state trademark laws and may subject violators to legal action.

4.4 User-Submitted Content

If you submit any reviews, comments, suggestions, photographs, or other content to our Site (collectively, "User Content"), you grant Punch Pizza a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media worldwide. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe the intellectual property rights or privacy rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are inclusive of applicable taxes unless otherwise stated. Prices are subject to change without notice. The price displayed at the time you complete your order will be the price charged to you.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as displayed at checkout. By providing your payment information, you authorize Punch Pizza to charge the applicable amount to your selected payment method.

5.3 Order Confirmation

An order is not confirmed until you receive an order confirmation via email or through the Site. Punch Pizza reserves the right to cancel or refuse any order at its sole discretion, including in cases of suspected fraud, pricing errors, or unavailability of items.

5.4 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Sales tax will be calculated and displayed at checkout based on your delivery address and applicable tax rates.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and prepared. If you experience a quality issue, incorrect order, or other problem with your food, please contact us immediately at [email protected]. We will review your complaint on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or refund where warranted. Delivery fees are non-refundable unless the delivery failure was caused solely by Punch Pizza's error.

5.6 Delivery Fees and Minimums

Delivery orders may be subject to minimum order amounts and delivery fees, which will be disclosed prior to checkout. These fees are subject to change without prior notice.

6. Disclaimers — Services Provided "As-Is"

THE PUNCH PIZZA WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREON 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 UNITED STATES LAW, PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied Warranties of Merchantability: We do not warrant that our services or food products will meet your specific expectations or requirements;
• Implied Warranties of Fitness for a Particular Purpose: We make no warranty that our services are suitable for any specific use you have in mind;
• Warranties of Non-Infringement: We do not warrant that your use of the Site will not infringe the rights of third parties;
• Warranties of Accuracy: We do not warrant that the information on our Site, including menu descriptions, nutritional information, allergen information, or pricing, is always accurate, complete, or current;
• Warranties of Uninterrupted Service: We do not guarantee that the Site will be available at all times, error-free, or free from viruses or other harmful components.

6.1 Food Allergen Disclaimer

Punch Pizza makes reasonable efforts to provide allergen information for our menu items; however, our food is prepared in kitchens that handle common allergens including wheat, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens due to the possibility of cross-contamination. Customers with severe food allergies are advised to contact us directly before placing an order to discuss their specific needs.

6.2 Third-Party Links

Our Site may contain links to third-party websites or services. These links are provided for your convenience only. Punch Pizza does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of those sites.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER APPLICABLE UNITED STATES FEDERAL AND STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL PUNCH PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, business opportunities, or goodwill;
• Personal injury or property damage arising from your use of our services or the Site;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on or through our services;
• Any other matter relating to our services;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PUNCH PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT PUNCH PIZZA IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL CUMULATIVE LIABILITY TO YOU 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 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages. 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 Punch Pizza, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all 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 Site or services in any manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights;
• Any User Content you submit, post, or transmit through our Site;
• Your negligence, willful misconduct, or fraud;
• Any false or inaccurate information you provide to us.

Punch Pizza reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with us in the defense of any such claim. This indemnification obligation will survive the termination of your account or these Terms.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Punch Pizza is registered and primarily operates, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Punch Pizza agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the applicable state of operation in the United States. By using our Site and services, you consent to the exercise of jurisdiction by such courts and waive any objection to the laying of venue of any such proceedings in such courts.

If you are accessing our services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your local jurisdiction. Our services are intended for users located within the United States.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally. You must contact Punch Pizza at [email protected] and provide a written description of the dispute, the relief you are seeking, and your contact information. We will attempt to resolve the dispute within thirty (30) calendar days of receiving your notice. Either party may proceed to formal dispute resolution if the matter is not resolved within this period.

10.2 Binding Arbitration

If informal resolution is unsuccessful, you and Punch Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or services, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND PUNCH PIZZA EACH AGREE THAT ANY CLAIMS BROUGHT AGAINST THE OTHER SHALL BE IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including in cases of intellectual property infringement. This exception shall not be construed as a waiver of either party's right to arbitrate any other dispute.

10.5 Arbitration Costs

The costs of arbitration shall be borne in accordance with the AAA Consumer Arbitration Rules. If Punch Pizza initiates arbitration, we will pay all filing and arbitration fees. If you initiate arbitration for claims totaling less than $10,000 USD, Punch Pizza will pay your AAA filing fees and arbitrator's fees, unless the arbitrator determines your claims are frivolous.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of the date you first access or use the Site and shall remain in full force and effect for as long as you continue to use our Site or services, unless terminated earlier in accordance with these Terms.

11.2 Termination by You

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.

11.3 Termination by Punch Pizza

Punch Pizza reserves the right to suspend or terminate your access to the Site and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Conduct that we believe, in our sole discretion, is harmful to Punch Pizza, other users, or third parties;
• Suspected fraudulent, abusive, or illegal activity;
• Technical, operational, or business reasons at our sole discretion.

11.4 Effect of Termination

Upon termination of your access to the Site or services, all licenses and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, indemnification, limitation of liability, dispute resolution, and governing law.

12. Changes to Terms of Service

Punch Pizza reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice via email or a prominent notice on our Site.

Your continued use of the Site or our services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our Site and services immediately. We encourage you to review these Terms periodically to stay informed of any changes.

Changes to these Terms will not apply retroactively to disputes that arose before the effective date of the updated Terms, except where required by applicable law.

13. Severability

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

The failure of Punch Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Punch Pizza.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Punch Pizza on the Site, constitute the entire agreement between you and Punch Pizza with respect to the use of the Site and services, and supersede all prior and contemporaneous agreements, representations, and understandings between you and Punch Pizza relating to the subject matter hereof.

14.2 No Third-Party Beneficiaries

These Terms of Service are for the sole and exclusive benefit of the parties hereto (you and Punch Pizza) and are not intended to benefit, and shall not be construed to benefit, any third party.

14.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Punch Pizza. Punch Pizza may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision shall be null and void.

14.4 Force Majeure

Punch Pizza shall not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, utility failures, labor disputes, or internet outages. In such events, our obligations will be suspended for the duration of the force majeure event.

14.5 Electronic Communications

By using our Site and services, you consent to receive electronic communications from Punch Pizza, including order confirmations, receipts, promotional emails (where you have opted in), and legal notices. You agree that any notice, agreement, disclosure, or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14.6 California Consumer Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) with respect to your personal information. Please refer to our Privacy Policy for more information regarding your California privacy rights. Under California Civil Code Section 1789.3, California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for assistance.

15. Contact Information

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

For legal notices, including notices of intellectual property infringement or formal dispute initiation, please send written correspondence to our email address at [email protected] with the subject line "Legal Notice." We will acknowledge receipt of legal notices within five (5) business days.

For customer service inquiries related to orders, complaints, or general questions about our food and services, please email us at [email protected] and include your order number (if applicable) and a detailed description of your inquiry.