Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at punchpizza-food.click (the "Website") or any services offered by Punch Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

1. Acceptance of Terms

By accessing the Website at punchpizza-food.click, browsing our menu, placing an order, creating an account, or using any feature of our platform, you enter into a legally binding agreement with Punch Pizza. This Agreement is governed by the laws of the United States and applicable state laws where our operations are conducted.

These Terms apply to all visitors, customers, registered users, and any other individuals who interact with our Website or services. Your continued use of the Website following the posting of changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or guardian consent to use our services. Individuals under the age of thirteen (13) are strictly prohibited from using our Website or services.

2. Description of Services

Punch Pizza is a food service business that offers customers the ability to browse our menu, place orders for pickup or delivery, make payments, and interact with our brand through our Website located at punchpizza-food.click. Our services include, but are not limited to:

• Online menu browsing and food ordering
• Order placement and payment processing for pizza, beverages, and related food items
• Pickup and/or delivery coordination services
• Account registration and management
• Customer support and communications
• Promotional offers, loyalty programs, and special deals
• Nutritional and allergen information regarding our menu items

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 services.

Menu items, pricing, availability, and hours of operation are subject to change without prior notice. Punch Pizza does not guarantee that all menu items listed on the Website will be available at all times. In the event an ordered item is unavailable, we will notify you promptly and provide options for substitution or a full refund of the unavailable item.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information during registration and when placing orders
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access
• Use the Website only for lawful purposes and in a manner that does not infringe the rights of others
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the services
• Pay all charges associated with your orders at the prices in effect at the time of purchase
• Be present at the designated delivery location or pickup area at the agreed time
• Treat our staff, delivery personnel, and other users with respect and courtesy

3.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities in connection with your use of the Website or services:

• Submitting false, fraudulent, or misleading information when placing orders or creating an account
• Using another person's account, identity, or payment method without their express authorization
• Attempting to gain unauthorized access to our systems, servers, databases, or any connected infrastructure
• Using automated tools, bots, scrapers, or similar technologies to extract data from our Website without written permission
• Posting, transmitting, or distributing any content that is defamatory, harassing, obscene, threatening, or otherwise objectionable
• Engaging in any conduct that restricts or inhibits another user's ability to use or enjoy the Website
• Attempting to reverse-engineer, decompile, or disassemble any portion of our Website or software
• Introducing viruses, malware, ransomware, or any other harmful code to our systems
• Using our Website or services to violate any federal, state, or local laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030)
• Placing fraudulent orders with no intention of completing payment
• Reselling our services or menu items without express written authorization
• Engaging in any activity that could damage, overburden, or impair the proper functioning of our Website

Violation of any of the above prohibitions may result in the immediate termination of your account, cancellation of pending orders, and may subject you to civil and/or criminal liability under applicable law. We reserve the right to report any suspected illegal activity to appropriate law enforcement authorities.

4. Account Registration and Security

To access certain features of our Website, including order history and saved payment methods, you may be required to create an account. When creating an account, you agree to provide truthful and complete information and to update such information as necessary to keep it accurate.

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 security breach.

Punch Pizza will not be liable for any loss or damage arising from your failure to comply with this security obligation. You may be held liable for losses incurred by Punch Pizza or others due to unauthorized use of your account if such use results from your failure to maintain account security.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable sales tax as required by state and local law. Prices are subject to change without prior notice. The price applicable to your order is the price displayed at the time your order is confirmed.

We accept various forms of payment, including major credit cards, debit cards, and any other payment methods displayed at checkout. By submitting your payment information, you authorize Punch Pizza to charge the applicable fees to your chosen payment method.

5.2 Order Confirmation

An order is not considered confirmed until you receive a written or electronic confirmation from Punch Pizza. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations where pricing errors occur, items are unavailable, or fraudulent activity is suspected.

5.3 Refunds and Cancellations

Cancellations may be requested within a limited window following order placement, as food preparation may begin immediately upon order confirmation. Refunds will be issued in the following circumstances:

• If an ordered item is unavailable and no suitable substitution is agreed upon
• If an order is not delivered due to circumstances attributable to Punch Pizza
• If a food quality issue is substantiated following review by our customer service team

Refund requests should be submitted to [email protected] within forty-eight (48) hours of the order date. Approved refunds will be processed within five (5) to ten (10) business days, depending on your financial institution.

5.4 Promotional Codes and Discounts

Promotional codes and discounts are subject to individual terms and conditions and may not be combined unless expressly stated. We reserve the right to revoke promotional offers at any time in cases of suspected misuse or fraud.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, the "Content"), is the property of Punch Pizza or its content suppliers and is protected under United States copyright law (17 U.S.C. § 101 et seq.), trademark law, and other applicable intellectual property laws.

The Punch Pizza name, logo, and all related product and service names, designs, and slogans are trademarks of Punch Pizza. You may not use such marks without the prior written permission of Punch Pizza. 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 the Website solely for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content
• Use data mining, robots, or similar data gathering and extraction tools on the Website
• Download or copy account information for the benefit of any third party
• Use any meta tags or other hidden text utilizing Punch Pizza's name or trademarks

Any unauthorized use of our intellectual property may give rise to a claim for damages and/or constitute a criminal offense under applicable law, including but not limited to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Food Safety, Allergen, and Nutritional Information

Punch Pizza takes food safety seriously and strives to provide accurate information regarding ingredients, allergens, and nutritional content. However, due to the nature of food preparation environments, cross-contamination is possible, and we cannot guarantee that our products are entirely free from any specific allergen.

Customers with known food allergies, sensitivities, or dietary restrictions are strongly encouraged to contact us directly at [email protected] prior to placing an order. Punch Pizza shall not be liable for any adverse reactions resulting from undisclosed allergies or from cross-contamination risks that were communicated to the customer.

All food handling and preparation practices comply with applicable federal and state food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and applicable state health codes.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY PUNCH PIZZA ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

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

Punch Pizza does not warrant that defects, if any, will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components. 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, PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.

IN NO EVENT SHALL PUNCH PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PUNCH PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Punch Pizza has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

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

• Your violation of these Terms of Service
• Your use or misuse of the Website or services
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your violation of any applicable federal, state, or local law or regulation
• Any content you submit, post, or transmit through the Website
• Any fraudulent or illegal activity conducted by you in connection with your use of our services

Punch Pizza reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Punch Pizza in asserting any available defenses.

11. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in accordance with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), where applicable, and the Federal Trade Commission Act (FTC Act), 15 U.S.C. §§ 41–58, governing unfair or deceptive acts and practices.

By using our Website, you consent to the data practices described in our Privacy Policy. We encourage you to review the Privacy Policy periodically for updates.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Punch Pizza. These links are provided for your convenience only. 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 advise you to review the terms of service and privacy policy of every third-party website you visit. Punch Pizza shall not be liable for any damages or losses arising from your use of any third-party website or service accessed through our Website.

13. 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 applicable state laws of the state in which Punch Pizza's principal place of business is located, without regard to its conflict of law provisions.

For any claims not subject to arbitration (as described in Section 14 below), you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the applicable judicial district. You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the services offered by Punch Pizza ("Dispute") by contacting us informally at [email protected]. We will use good faith efforts to resolve the Dispute within thirty (30) days of receiving your written notice describing the nature of the Dispute and your desired resolution.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you and Punch Pizza agree that any unresolved Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The arbitration will be conducted on an individual basis and not as a class, collective, or representative action. YOU AND PUNCH PIZZA EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION.

14.3 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and remains in such court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, which may be able to seek relief on your behalf.

14.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, BOTH YOU AND PUNCH PIZZA WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with Punch Pizza. Punch Pizza reserves the right, in its sole and absolute discretion, to:

• Suspend or terminate your account and access to the Website at any time, with or without cause, and with or without prior notice
• Cancel any pending orders if your account is terminated due to a violation of these Terms
• Remove any content or information you have submitted if it violates these Terms or applicable law

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

The following provisions shall survive termination of these Terms: Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms of Service

Punch Pizza reserves the right to modify, amend, or update these Terms of Service at any time and for any reason. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may provide additional notice through the Website or via email to registered users.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website or services after changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Website immediately.

No amendment to these Terms shall be effective against Punch Pizza unless made in writing and posted on the official Website at punchpizza-food.click.

17. Electronic Communications

By using the Website or contacting us via electronic means, you consent to receive communications from Punch Pizza electronically. We may communicate with you by email or by posting notices on the Website. 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, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

18. Entire Agreement

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

19. Severability

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

20. Waiver

No failure or delay by Punch Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any provision of these Terms shall only be effective if given in writing and shall not be deemed a continuing waiver or a waiver of any other provision.

21. Force Majeure

Punch Pizza shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, labor strikes, power outages, internet service interruptions, supply chain disruptions, or any other events that are unforeseeable and unavoidable. In the event of a force majeure occurrence, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Punch Pizza. Punch Pizza may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Consumer Protection Compliance

Punch Pizza is committed to conducting business in compliance with applicable consumer protection laws, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. §§ 41–58, and any applicable state consumer protection statutes. We do not engage in unfair, deceptive, or abusive acts or practices. If you believe you have been treated in a manner inconsistent with consumer protection law, please contact us at the information provided below.

California residents may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt out of the sale or sharing of personal information. Please refer to our Privacy Policy for more information.

24. Accessibility

Punch Pizza is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] so that we may assist you and address any accessibility concerns.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your use of the Website, or our services, please contact us using the information below:

We aim to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety or order issues, please contact us immediately via email and mark your message as "URGENT" in the subject line.