Terms of Service

Please read these Terms of Service carefully before using the website located at food-punchpizza.rest or placing any order with Punch Pizza. By accessing 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 discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Punch Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website available at food-punchpizza.rest (the "Website"), as well as any related services, features, content, and applications offered by Punch Pizza (collectively, the "Services").

By accessing or using our Website, placing an order online or in person, creating an account, subscribing to our communications, or otherwise interacting with our Services, 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 the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations.

These Terms apply to all visitors, users, registered account holders, and any other persons who access or use the Services. We reserve the right to modify, update, or revise these Terms at any time, and your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

2. Description of Services

Punch Pizza is a food service establishment operating within the United States, providing customers with freshly prepared pizzas, appetizers, beverages, desserts, and related food and beverage products. Our Services include, but are not limited to:

• In-Store Dining: Dine-in experiences at our physical locations where customers may enjoy freshly prepared meals in a welcoming environment.
• Online Ordering: The ability to browse our menu, customize orders, and submit food and beverage orders through our Website for pickup or delivery.
• Takeout and Pickup Services: Ordering meals online or by phone for customer pickup at designated times.
• Delivery Services: Delivery of orders to customer-specified addresses, subject to applicable delivery zones, fees, and estimated delivery times. Delivery may be facilitated by Punch Pizza directly or through third-party delivery partners.
• Catering and Special Orders: Customized bulk food orders for events, gatherings, corporate functions, and other special occasions, subject to advance notice and availability.
• Loyalty and Promotional Programs: Participation in any rewards programs, discount offers, seasonal promotions, or marketing campaigns made available by Punch Pizza from time to time.
• Digital Content: Access to menus, nutritional information, promotional materials, and other informational content published on the Website.

We reserve the right to modify, suspend, discontinue, or alter any aspect of our Services at any time without prior notice, including the removal of menu items, changes to pricing, or adjustments to operating hours. Punch Pizza shall not be liable to you or any third party for any such modification, suspension, or discontinuation of Services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services;
• Maintain the security and confidentiality of your account credentials and immediately notify us of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Respect the rights of Punch Pizza and other users at all times;
• Update your account information promptly whenever it changes to ensure accuracy.

3.2 Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following prohibited activities:

• Fraudulent Conduct: Submitting false, inaccurate, or misleading information; committing fraud; impersonating another person or entity; or misrepresenting your affiliation with any person or organization.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, servers, networks, or systems connected to our Services; hacking, probing, or testing the vulnerability of our systems.
• Malicious Software: Uploading, transmitting, or distributing any viruses, malware, ransomware, spyware, adware, Trojan horses, worms, or any other harmful or malicious code that may damage, interfere with, or disrupt our Services.
• Scraping and Data Mining: Using any automated means, bots, scrapers, crawlers, or similar tools to access, collect, or extract data from our Website without our prior written consent.
• Interference: Interfering with or disrupting the integrity, performance, or operation of our Website, servers, or related infrastructure; placing unreasonable burdens or loads on our network resources.
• Intellectual Property Infringement: Copying, reproducing, distributing, publishing, modifying, or creating derivative works from any content on our Website without our express written authorization.
• Spam and Unsolicited Communications: Sending unsolicited commercial communications, spam, phishing emails, or any other unauthorized communications to Punch Pizza or other users.
• Illegal Activities: Using our Services for any unlawful purpose, including but not limited to money laundering, financing illegal activities, or engaging in any conduct that violates applicable law.
• Abusive Conduct: Harassing, threatening, intimidating, or abusing Punch Pizza employees, agents, contractors, or other customers through any communication channel.
• Order Manipulation: Placing false or fraudulent orders, submitting chargebacks without valid cause, or otherwise abusing our ordering or payment systems.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software or proprietary technology associated with our Website.

Violation of any of these prohibited activities may result in the immediate suspension or termination of your account and access to our Services, and may subject you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523).

4. Account Registration and Security

Certain features of our Services may require you to register for an account. When creating an account, you agree to provide truthful, accurate, and complete information. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

You agree to notify Punch Pizza immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. Punch Pizza will not be liable for any losses or damages arising from your failure to safeguard your account credentials or from unauthorized access to your account that results from your own negligence.

Punch Pizza reserves the right to suspend, disable, or terminate your account at its sole discretion, with or without notice, for any reason, including but not limited to a violation of these Terms.

5. Intellectual Property Rights

5.1 Ownership of Content

All content available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, menu designs, recipes, trade dress, and the overall appearance and layout of the Website (collectively, "Content"), is the exclusive property of Punch Pizza or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, trade secret laws, and other proprietary rights laws.

5.2 Trademarks

The name "Punch Pizza," our logo, taglines, and all related marks, designs, and trade dress are trademarks or service marks of Punch Pizza. Nothing in these Terms grants you any right to use our trademarks, service marks, trade names, logos, or any other branding elements without our prior written consent. All other trademarks, product names, and company names or logos referenced on this Website are the property of their respective owners.

5.3 Limited License to Users

Subject to your compliance with these Terms, Punch Pizza grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with ordering food and beverage products from Punch Pizza. This license does not permit you to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its Content for commercial purposes;
• Modify or create derivative works based on the Content;
• Use data mining, robots, or similar data gathering and extraction tools on the Website;
• Download or store Content except where expressly permitted by Punch Pizza.

5.4 User-Submitted Content

If you submit, post, or otherwise provide any content to us, including reviews, feedback, suggestions, photographs, or other materials ("User Content"), you hereby grant Punch Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with our Services and business operations. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon the rights of any third party.

6. Ordering, Payment Terms, and Pricing

6.1 Online Orders

When you place an order through our Website, you agree to provide accurate and complete payment and contact information. All orders are subject to acceptance and availability. Punch Pizza reserves the right to refuse or cancel any order for any reason, including but not limited to inaccuracies in product or pricing information, suspected fraud, or unavailability of the requested items.

6.2 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Menu prices do not include applicable taxes, delivery fees, service fees, or gratuity, which will be calculated and displayed at checkout. Punch Pizza makes every effort to ensure that pricing information is accurate, but errors may occasionally occur. In the event of a pricing error, we reserve the right to cancel affected orders and notify you accordingly.

6.3 Payment Methods

We accept various payment methods as indicated at checkout, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets, and other payment options made available from time to time. By submitting payment, you represent and warrant that you are authorized to use the designated payment method.

6.4 Taxes

You are responsible for the payment of all applicable sales taxes, use taxes, and any other taxes imposed by federal, state, or local taxing authorities in connection with your purchase from Punch Pizza.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, such as receiving incorrect items or food that does not meet reasonable quality standards, please contact us promptly at [email protected]. Refunds or order credits are issued at the sole discretion of Punch Pizza and subject to our applicable refund policy.

6.6 Chargebacks

If you initiate a chargeback with your financial institution without first contacting Punch Pizza to resolve a dispute, we reserve the right to dispute such chargeback and to suspend or terminate your account pending resolution. Fraudulent chargebacks may be reported to appropriate authorities.

7. Delivery Terms and Third-Party Services

Delivery availability, minimum order requirements, delivery fees, and estimated delivery times are subject to change and vary by location. Punch Pizza does not guarantee specific delivery times, and delays may occur due to weather conditions, traffic, high order volumes, or other factors beyond our control.

In some cases, delivery services may be fulfilled by independent third-party delivery partners. Punch Pizza is not responsible for the acts or omissions of such third-party delivery providers. Your interactions with third-party delivery services may be governed by separate terms and privacy policies.

8. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUNCH PIZZA PROVIDES THE WEBSITE AND ALL SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

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, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, NUTRITIONAL DATA, OR PRICING AVAILABLE ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED.

Nutritional information and allergen data provided on our Website are estimates based on standard recipes and may vary. Customers with food allergies or dietary restrictions are advised to contact us directly prior to placing an order. Punch Pizza cannot guarantee that its food products are free from any particular allergen, as cross-contact may occur in our kitchen environments.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE LAWS OF THE STATE IN WHICH PUNCH PIZZA OPERATES, IN NO EVENT SHALL PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO THE 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.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PUNCH PIZZA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ANY CASE, PUNCH PIZZA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PUNCH PIZZA DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza and its officers, directors, employees, agents, shareholders, partners, contractors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or inability to use the Website or Services;
• Your violation of these Terms or any applicable law, regulation, or third-party right;
• Your submission of any User Content or information that is inaccurate, misleading, or infringes on the rights of any third party;
• Your violation of any rights of another user, third party, or entity;
• Any fraudulent activity or misconduct by you in connection with the Services.

Punch Pizza reserves the right, at its 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.

11. 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's principal place of business is located, without regard to its conflict of law principles.

Subject to the dispute resolution provisions set forth in Section 12 below, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, Punch Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the actual or threatened infringement of its intellectual property rights or other proprietary rights.

These Terms are also subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for users who are California residents.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Punch Pizza at [email protected]. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as outlined below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS YOUR ABILITY TO LITIGATE CLAIMS IN COURT.

Except for claims for injunctive or other equitable relief, or claims that may be brought in small claims court, you and Punch Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be resolved exclusively through final and binding arbitration, rather than in a court of law. The arbitration shall be conducted by a recognized arbitration organization such as the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted on an individual basis. You and Punch Pizza each waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator shall have no authority to consolidate the claims of more than one person or to preside over any class or representative proceeding.

12.3 Arbitration Procedures

Any arbitration demand must be submitted within the applicable statute of limitations period. The arbitration shall take place in the United States and may be conducted remotely via telephone, videoconference, or written submissions, at the election of the initiating party, unless otherwise agreed. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Small Claims Court

Notwithstanding the foregoing, either party may elect to bring an individual action in small claims court if the dispute qualifies under that court's jurisdictional requirements and monetary limits.

12.5 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PUNCH PIZZA EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE COVERED BY THIS AGREEMENT.

13. Term and Termination

13.1 Term

These Terms of Service are effective as of the date you first access or use the Website or Services and shall remain in full force and effect for as long as you continue to access or use the Services, unless terminated in accordance with this Section.

13.2 Termination by You

You may terminate your relationship with Punch Pizza at any time by ceasing to use the Website and Services and, if applicable, by requesting the deletion of your account by contacting us at [email protected].

13.3 Termination by Punch Pizza

Punch Pizza reserves the right to suspend or terminate your access to the Website and Services, in whole or in part, at any time and for any reason, with or without prior notice, including but not limited to:

• Breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay any amounts owed to Punch Pizza;
• Requests by law enforcement or government authorities;
• Discontinuation or material modification of the Services.

13.4 Effect of Termination

Upon termination of your access or use of the Services for any reason, all rights and licenses granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, limitation of liability, indemnification, dispute resolution, and governing law, shall survive any termination of these Terms.

14. Changes to These Terms

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

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

We may also provide additional notice of significant changes through our Website homepage, email communications sent to registered account holders, or other reasonable means of communication.

15. Third-Party Links and Services

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

Punch Pizza has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly encourage you to review the terms and privacy policies of any third-party websites or services that you visit or use. Your use of third-party websites or services is entirely at your own risk.

16. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our Website at food-punchpizza.rest.

By using our Services, you acknowledge and consent to the collection and use of your personal information as described in our Privacy Policy. For users who are California residents, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and provide additional rights and disclosures as required by those laws. For all users in the United States, our data practices are also governed by the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal privacy laws and regulations.

17. Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Punch Pizza, including but not limited to order confirmations, receipts, promotional materials, newsletters, and notices regarding updates to these Terms or our policies. 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 emails at any time by following the unsubscribe instructions included in any marketing email we send, or by contacting us at [email protected]. Please note that even after opting out of marketing communications, you may still receive transactional or account-related emails necessary to the operation of your account and our Services.

18. Force Majeure

Punch Pizza shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of God, acts of government, war, terrorism, civil unrest, labor disputes, utility failures, internet outages, supply chain disruptions, or any other event of force majeure. In the event of such circumstances, Punch Pizza will make commercially reasonable efforts to resume performance as soon as practicable.

19. Severability

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

The parties further agree that in such circumstances they will negotiate in good faith to substitute a valid, enforceable provision that most nearly reflects the original intent of the severed provision.

20. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines posted on the Website, constitute the entire agreement between you and Punch Pizza with respect to your use of the Services and supersede all prior and contemporaneous agreements, representations, negotiations, and understandings, whether oral or written, relating to the same subject matter.

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

21. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law, merger, acquisition, or otherwise, without the prior written consent of Punch Pizza. Any attempted assignment in violation of this provision shall be null and void. Punch Pizza may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent or prior notice.

22. Headings and Interpretation

The section headings and titles used in these Terms are for convenience and organizational purposes only and shall not affect the interpretation or construction of these Terms. Any use of the singular shall include the plural, and vice versa. The word "including" shall be construed to mean "including but not limited to" unless otherwise specified. These Terms shall be interpreted in accordance with their fair meaning and shall not be construed for or against either party by reason of authorship.

23. Contact Information

If you have any questions, concerns, feedback, or complaints regarding these Terms of Service, or if you need to contact Punch Pizza for any reason related to your use of our Services, please reach out to us using the information below:

We strive to respond to all inquiries within a reasonable timeframe. For urgent matters related to active orders, please use the contact options available directly on our Website.