Terms of Service

Please read these Terms of Service carefully before accessing or using the website located at papaginos.rest (the "Website") or any services offered by Papa Ginos (collectively, the "Services"). By accessing or using our Website and Services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Website and Services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Papa Ginos ("Company," "we," "us," or "our") governing your access to and use of the Website located at papaginos.rest and all related services, features, content, and functionality offered through the Website.

By visiting our Website, placing an order, creating an account, or otherwise engaging with any aspect of our Services, you affirm 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 guardian consent;
• You have the legal capacity and authority to enter into this agreement;
• You are not prohibited from receiving or using our Services under the laws of the United States or any other applicable jurisdiction.

If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you and such entity.

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

2. Description of Services

Papa Ginos is a food service business that provides customers with the ability to:

• Browse our menu offerings, including pizzas, pasta, sandwiches, sides, beverages, and desserts;
• Place online food orders for delivery, carryout, or dine-in where available;
• Create and manage personal user accounts;
• Enroll in and participate in loyalty or rewards programs;
• Receive promotional offers, coupons, and special deals via email, SMS, or other communications channels;
• Contact our customer support team for assistance;
• Access nutritional and allergen information for menu items;
• Provide feedback, reviews, and ratings regarding our products and services;
• Access any other features, tools, or content we may make available through the Website from time to time.

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

Our Services are intended for personal, non-commercial use only, unless otherwise expressly agreed in writing. Any commercial use of our Services, including but not limited to reselling food items ordered through our platform, is strictly prohibited without our written authorization.

Menu availability, pricing, operating hours, and delivery areas may vary by location and are subject to change without notice. We do not guarantee the availability of any specific menu item, promotion, or service at any particular time or location.

3. User Accounts and Registration

Certain features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as prompted during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your password secure and confidential;
• Notify us immediately at [email protected] of any unauthorized use of your account;
• Accept responsibility for all activities that occur under your account, whether or not you authorized such activities.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms. You may not create more than one personal account without our express written permission. You may not transfer your account to another person without our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your use of our Services, you agree to comply with all applicable federal, state, and local laws and regulations. You also agree to abide by the following obligations and refrain from the following prohibited activities:

4.1 User Obligations

• Provide truthful and accurate information at all times when interacting with our Website and Services;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Respect the intellectual property rights of Papa Ginos and third parties;
• Comply with all applicable laws, including those related to consumer protection, privacy, and electronic commerce;
• Treat our employees, agents, and other users with respect and courtesy.

4.2 Prohibited Activities

You expressly agree not to:

• Use the Website or Services for any unlawful, fraudulent, or unauthorized purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, misleading, or inaccurate orders, reviews, or information;
• Engage in any form of automated data collection, including scraping, crawling, or harvesting, without our express written consent;
• Use bots, scripts, or other automated tools to interact with our Website or Services;
• Attempt to gain unauthorized access to any portion of our Website, servers, or systems;
• Interfere with or disrupt the integrity or performance of our Website or Services;
• Upload, transmit, or distribute any content that is defamatory, obscene, threatening, abusive, or otherwise objectionable;
• Post or transmit any content that infringes on the intellectual property rights of any third party;
• Use our Services to send unsolicited commercial messages (spam);
• Attempt to reverse engineer, decompile, or disassemble any software associated with our Website;
• Use our Services in any manner that could damage, disable, overburden, or impair our infrastructure;
• Resell, sublicense, or otherwise commercially exploit our Services or any content available thereon;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Place fraudulent orders, submit unauthorized payment methods, or engage in any form of payment fraud;
• Exploit promotional offers, coupon codes, or loyalty program benefits in ways contrary to their intended purpose or in violation of applicable program terms.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

5. Intellectual Property Rights

All content, materials, and features available on or through our Website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, "Content"), are the exclusive property of Papa Ginos or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

The Papa Ginos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Papa Ginos or its affiliates or licensors. You may not use any of these marks without the prior written permission of Papa Ginos. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal, non-commercial use only, subject to these Terms. This license does not include:

• Any resale or commercial use of the Website or its contents;
• Any collection and use of any product listings or descriptions;
• Any derivative use of the Website or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the license granted herein and may constitute an infringement of our intellectual property rights, subjecting you to civil and/or criminal penalties under applicable law.

If you submit any feedback, suggestions, ideas, or other content to us (collectively, "User Submissions"), you grant Papa Ginos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions in any media. You represent and warrant that you own or have the necessary rights to submit such content and that such content does not violate any third-party rights.

6. Ordering, Payment Terms, and Pricing

When you place an order through our Website, you agree to provide accurate and complete payment and billing information. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in pricing or availability.

6.1 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes unless expressly stated. You are responsible for all applicable taxes associated with your order. Applicable taxes will be calculated and added to your order total at checkout.

6.2 Payment Methods

We accept major credit and debit cards, and may accept other payment methods as indicated on the 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 that such information is accurate and complete.

6.3 Order Confirmation

Receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to cancel any order after confirmation in the event of pricing errors, fraud concerns, or unavailability of items.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have a concern regarding the quality of your order, please contact us at [email protected] within a reasonable time of receiving your order. Refunds or replacements will be offered at our sole discretion on a case-by-case basis.

6.5 Promotions and Discounts

Promotional offers, discount codes, and special deals are subject to specific terms and conditions that will be communicated at the time of the promotion. We reserve the right to modify, suspend, or terminate any promotion at any time without notice. Promotions may not be combined unless expressly stated.

7. Delivery and Fulfillment

Delivery availability, areas, fees, and estimated delivery times are subject to change and may vary based on your location, time of order, and other factors. Estimated delivery times are approximations only and are not guaranteed. We are not responsible for delays caused by factors beyond our reasonable control, including traffic, weather conditions, or third-party delivery service failures.

Risk of loss and title for items ordered through the Website pass to you upon delivery of the items to the delivery address you provide. You are responsible for providing an accurate and accessible delivery address. We are not responsible for failed deliveries resulting from inaccurate address information.

8. Disclaimers — Services Provided "As Is"

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

PAPA GINOS DOES NOT WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH OUR WEBSITE AND SERVICES.

Nutritional and allergen information provided on our Website is offered for informational purposes only and may not be complete or fully accurate for all preparation methods or locations. Customers with food allergies or dietary restrictions should exercise caution and contact their local restaurant directly before ordering.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, PAPA GINOS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR COMPUTER DAMAGE;
• ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES;
• ANY DAMAGES RESULTING FROM ANY CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

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

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY EVENT, THE TOTAL CUMULATIVE LIABILITY OF PAPA GINOS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

10. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos and its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 of or access to the Website or Services;
• Your violation of any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Submissions you provide;
• Your negligence or willful misconduct;
• Any claims arising from your unauthorized use of our Services for commercial purposes.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Papa Ginos. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

We do not endorse or make any representations about any third-party websites or services. Your use of any third-party website or service is at your own risk. Papa Ginos shall not be liable for any damages or losses arising from your use of third-party websites or services linked to or from our Website.

We may use third-party service providers to process payments, manage deliveries, send communications, or perform other functions related to our Services. These service providers have access to your personal information only to perform their specific functions and are obligated not to disclose or use it for any other purpose.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Papa Ginos primarily operates, without regard to its conflict of law provisions.

In accordance with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection laws, any deceptive or unfair trade practices are strictly prohibited, and these Terms are intended to operate in full compliance with all such requirements.

To the extent that any claims or disputes are subject to state law, such claims shall be governed by the laws of the applicable state, including any consumer protection statutes in force. For users located in California, your use of the Services may be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), and your rights under those laws are not limited by these Terms.

You agree that any legal action or proceeding between you and Papa Ginos arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

13. Dispute Resolution

13.1 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 by contacting Papa Ginos at [email protected] and providing a written description of the dispute. Both parties agree to make a good-faith effort to resolve the dispute within thirty (30) days of the date the notice is received.

13.2 Binding Arbitration

If the parties are unable to resolve the dispute informally within the thirty (30) day period, you and Papa Ginos agree that any unresolved dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration, except as provided in Section 13.4 below. The arbitration shall be conducted by a recognized arbitration organization in accordance with its commercial arbitration rules. The arbitration shall take place in the United States, in a location mutually agreed upon by the parties.

The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration shall be shared equally by the parties unless the arbitrator determines that such costs should be allocated differently.

13.3 Class Action Waiver

YOU AND PAPA GINOS 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. Unless both you and Papa Ginos agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

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 of a party's intellectual property rights or to prevent irreparable harm pending arbitration. Nothing in this section shall limit either party's right to seek injunctive or other equitable relief as a remedy of last resort where monetary damages would be inadequate.

14. Term and Termination

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

• Terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice;
• Suspend, deactivate, or delete your account and any related information or files;
• Bar you from any future use of the Website or Services.

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 payment for any orders placed.

Upon termination of your account or your use of our Services, the following provisions of these Terms shall survive: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

15. Changes to Terms of Service

Papa Ginos reserves the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice to you by one or more of the following methods:

• Posting a notice on the Website;
• Sending an email to the address associated with your account;
• Updating the "Last Updated" date at the top of this page.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately cease use of our Website and Services and may request account deletion by contacting us at [email protected].

It is your responsibility to review these Terms periodically. We encourage you to check this page regularly to stay informed of any updates.

16. Severability

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

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. The parties acknowledge and agree that the remaining provisions of these Terms shall be given full force and effect and construed so as to give the fullest effect to the parties' original intentions to the extent consistent with applicable law.

17. Waiver

No waiver by Papa Ginos 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. Any failure of Papa Ginos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. 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 Papa Ginos with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Papa Ginos, except as provided in the "Changes to Terms of Service" section above.

19. Force Majeure

Papa Ginos shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, labor disputes or shortages, utility interruptions, failure of third-party service providers, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, riots, civil unrest, or any other event or circumstance beyond our reasonable control.

20. Electronic Communications

By creating an account, placing an order, or otherwise using our Services, you consent to receiving electronic communications from Papa Ginos, including but not limited to order confirmations, receipts, promotional offers, and account notifications. 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 such communications or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you may continue to receive transactional and account-related communications from us.

21. Accessibility

Papa Ginos is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines. 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.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service or our Services, please contact us using the information below:

We will make every effort to respond to your inquiries in a timely manner. For the most efficient service, please include a detailed description of your question or concern in your communication.