Terms and Conditions

Last Updated: June 15, 2024

Welcome to PizzaPizza. These Terms and Conditions ("Terms") govern your use of the PizzaPizza website (pizzplizza.org), mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, placing an order, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

3. Account Registration

3.1 Account Creation

To place an order or access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Notify us immediately of any unauthorized use of your account or any other breach of security
• Ensure that you exit from your account at the end of each session when using a shared computer
• Not share your account credentials with any third party

We reserve the right to disable any user account if we believe you have violated any provision of these Terms.

4. Ordering and Payment

4.1 Placing Orders

When placing an order through our Services, you agree to provide accurate and complete information, including delivery address, contact details, and payment information. You acknowledge that we may refuse, cancel, or limit orders at our sole discretion, including in cases where:

• The ordered item is out of stock or no longer available
• There is an error in the price or product description
• We suspect fraudulent activity
• The delivery address is outside our service area
• Your payment is not authorized

4.2 Pricing and Payment

All prices displayed on our Services are in Canadian Dollars (CAD) and are inclusive of applicable taxes unless otherwise stated. Delivery fees may apply and will be displayed before you complete your order. We reserve the right to change prices at any time without prior notice.

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you supply is true, correct, and complete
• You authorize us to charge the designated payment method for the total amount of your order, including taxes, fees, and delivery charges

4.3 Order Confirmation

After placing an order, you will receive an order confirmation email. This email confirms that we have received your order but does not constitute acceptance of your order. We reserve the right to accept or decline your order for any reason.

4.4 Delivery

We will make reasonable efforts to deliver your order within the estimated timeframe, but delivery times are estimates and not guaranteed. Delivery may be affected by factors beyond our control, such as weather conditions, traffic, or high order volumes.

You are responsible for ensuring that the delivery address provided is accurate and accessible. If you are not available to receive the order, we may leave it at a safe place at the delivery address or return it to our restaurant, in accordance with your delivery instructions.

5. Intellectual Property

5.1 Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of PizzaPizza, our licensors, or other content providers and are protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include:

• Modifying or copying our materials
• Using our materials for any commercial purpose
• Attempting to decompile or reverse engineer any software contained on our website
• Removing any copyright or other proprietary notations
• Transferring the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PizzaPizza at any time.

5.3 Trademarks

PizzaPizza, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PizzaPizza or our affiliates. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

6. User Conduct

You agree not to use our Services:

• In any way that violates any applicable federal, provincial, local, or international law or regulation
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To impersonate or attempt to impersonate PizzaPizza, a PizzaPizza employee, another user, or any other person or entity
• To engage in any activity that could disable, overburden, damage, or impair the proper functioning of our Services
• To access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our providers
• To collect or harvest any personal information from our Services
• To engage in any harassing, abusive, or otherwise objectionable behavior

7. User Feedback and Submissions

If you submit comments, suggestions, ideas, materials, or other information ("Feedback") to us through our Services, you grant PizzaPizza a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form, media, or technology.

You represent and warrant that:

• You own or control all rights to the Feedback you provide
• The Feedback does not infringe upon or violate the rights of any third party
• The Feedback does not contain any defamatory, obscene, offensive, or otherwise illegal material

8. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PIZZAPIZZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PIZZAPIZZA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON OUR SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SERVICES.

PIZZAPIZZA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIZZAPIZZA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE OUR SERVICES
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES

IN NO EVENT SHALL PIZZAPIZZA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO PIZZAPIZZA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless PizzaPizza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, 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 or your use of our Services.

11. Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by PizzaPizza. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PizzaPizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising out of or related to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be conducted in St. John's, Newfoundland and Labrador. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and PizzaPizza concerning the Services.

18. Waiver

No waiver by PizzaPizza of any term or condition set out 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, and any failure of PizzaPizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.