Terms of Service

Please read these Terms of Service carefully before using our website or placing any order with Punch Pizza. By accessing or using our website located at punchpizza-meal.click, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website punchpizza-meal.click (the "Website") or by placing an order, making a reservation, or otherwise engaging with Punch Pizza (referred to herein as "Punch Pizza," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Punch Pizza. If you are using this Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, the terms "you" and "your" shall refer to that entity.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. It is your responsibility to check the Website periodically for changes.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use this Website and place orders. By using this Website, you represent and warrant that you meet this age requirement. If you are under the age of 18, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Punch Pizza operates as a food service business offering a variety of pizza and related food and beverage products. Our services, as available through the Website and our physical location(s), may include but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for delivery, carryout, or dine-in through the Website.
• Menu Information: We provide descriptions, pricing, and nutritional information for our food and beverage offerings.
• Promotions and Special Offers: From time to time, we may offer discounts, promotions, loyalty programs, and special deals to customers.
• Customer Support: We offer customer service support through email and other communication channels to assist with orders, complaints, and general inquiries.
• Catering and Group Orders: We may offer catering services for events, parties, corporate orders, and other large-scale food service needs.
• Gift Cards: We may offer digital or physical gift cards redeemable for purchases at Punch Pizza.

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

Availability of certain menu items, services, and promotions may vary by location and time. We do not guarantee that any particular item will be available at any given time. Menu items are subject to change without prior notice.

All orders placed through our Website are subject to acceptance by Punch Pizza. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Website.
• Maintain the security and confidentiality of your account credentials, including your password.
• Promptly notify us of any unauthorized use of your account or any other breach of security at [email protected].
• Use the Website and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations.
• Comply with all applicable laws regarding the transmission of technical data exported from the United States.
• Respect the intellectual property rights of Punch Pizza and all third parties.
• Take responsibility for all activities conducted through your account.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any unlawful purpose or in violation of any federal, state, or local law or regulation, including but not limited to the laws of the United States.
• Post, transmit, or otherwise distribute content that is defamatory, obscene, harassing, threatening, abusive, hateful, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
• Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website.
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Place fraudulent orders, submit false complaints, or engage in any deceptive activity that harms Punch Pizza or its customers.
• Use the Website to collect or harvest any personally identifiable information about other users without their consent.
• Use the Website or its content for any commercial purpose or for any public display without our express written consent.
• Violate any applicable food safety regulations, including attempting to tamper with food orders.
• Use our services to conduct or facilitate any illegal transactions, including money laundering or fraud.
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Website.

Violation of any of these prohibitions may result in immediate termination of your access to the Website and services, and may subject you to civil or criminal liability.

4. Intellectual Property Rights

The Website and all of its original content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the selection and arrangement thereof, are and shall remain the exclusive property of Punch Pizza and its licensors. All such content is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international conventions.

The Punch Pizza name, logo, brand identity, and all related names, logos, product and service names, designs, and slogans are trademarks of Punch Pizza or its affiliates. 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 this 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 strictly in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, provided you do not further copy, modify, publish, sell, or otherwise exploit such material.

If you believe that any content on the Website infringes upon your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA) by contacting us at [email protected]. Your notice must include all information required under the DMCA, including identification of the copyrighted work claimed to have been infringed and a description of the material that you claim to be infringing.

Any feedback, comments, suggestions, or other communications you provide to us regarding the Website or our services may be used by us without any obligation to compensate you or keep such information confidential.

5. Payment Terms

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable taxes will be added to the price of all purchases as required by law. Delivery fees, service fees, and other charges, if applicable, will be disclosed at checkout before you complete your order.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Upon successful placement of your order, you will receive an order confirmation via email to the address you provided. This confirmation does not constitute acceptance of your order. We reserve the right to cancel or refuse any order after confirmation, in which case we will notify you and process a full refund to your original payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies are governed by our separate Refund Policy. Generally, once a food order is being prepared, it may not be canceled. If you have an issue with your order, please contact us immediately at [email protected]. Refunds, if applicable, will be processed within a reasonable timeframe based on your payment method and financial institution.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to specific terms and conditions and are non-transferable. Promotional codes may not be combined with other offers unless explicitly stated. We reserve the right to revoke or modify promotional offers at any time without prior notice.

5.6 Gift Cards

Gift cards, if offered, are subject to separate terms and conditions. Gift cards are generally non-refundable and cannot be exchanged for cash, except as required by applicable law. Lost or stolen gift cards may not be replaced.

6. Food Safety, Allergens, and Dietary Information

Punch Pizza takes food safety seriously and endeavors to comply with all applicable federal, state, and local food safety regulations, including requirements set forth by the U.S. Food and Drug Administration (FDA) and relevant state health authorities.

While we make every effort to provide accurate information about allergens and ingredients, we cannot guarantee that our products are free from any particular allergen. Our food products are prepared in a kitchen environment that may handle common allergens including, but not limited to, gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. Cross-contamination is possible.

Nutritional information provided on our Website is for general informational purposes only and may not reflect the exact nutritional content of each serving due to variations in preparation, ingredients, and portion sizes.

7. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PUNCH PIZZA DOES NOT WARRANT THAT:

• THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OBTAINED FROM USING THE WEBSITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE WEBSITE WILL BE CORRECTED;
• THE WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE OR INTERNET BROWSER.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such cases, our warranties are limited to the minimum scope permitted by applicable law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR 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 NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PUNCH PIZZA FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PUNCH PIZZA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PUNCH PIZZA'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

9. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza, its affiliates, licensors, and service providers, and each of 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;
• Your use of the Website or our services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
• Any claim that content you submitted or transmitted caused damage to a third party;
• Your negligence or willful misconduct;
• Any misrepresentation made by you.

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 such event, you agree to cooperate with our defense of such claim and to not settle any matter without the prior written consent of Punch Pizza.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related thereto shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Punch Pizza is principally located, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

In addition to these Terms, your use of our Website and services may be subject to applicable federal laws, including the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. We are committed to complying with all applicable federal consumer protection laws and regulations.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Punch Pizza at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve any dispute, claim, or controversy within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief you are seeking.

11.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Website or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except as modified by these Terms. The arbitration shall be conducted in the English language.

The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs and fees of arbitration shall be allocated in accordance with the AAA's Consumer Arbitration Rules.

11.3 Class Action Waiver

YOU AND PUNCH PIZZA 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 Punch Pizza agree in writing, no arbitrator or court may consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.

11.4 Exceptions

Notwithstanding the foregoing arbitration agreement, either party may seek emergency or preliminary injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Such a request shall not be deemed a waiver of the right to arbitrate under these Terms.

11.5 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, so long as the matter remains in such court and advances only on an individual, non-class basis.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or our services. We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business interests;
• Suspected fraudulent, abusive, or illegal activity;
• Prolonged inactivity of your account;
• Our decision to cease operations or discontinue the Website.

Upon termination, your right to use the Website and services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation, provisions relating to intellectual property, disclaimers of warranties, limitation of liability, indemnification, dispute resolution, and governing law.

You may terminate your account or cease using our services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

13. Changes to Terms

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

Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you should discontinue your use of the Website and services.

For material changes that significantly affect your rights, we will make reasonable efforts to provide advance notice of at least thirty (30) days before the changes become effective, where required by applicable law.

14. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Punch Pizza. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any reliance you place on third-party content is strictly at your own risk. The inclusion of any link does not imply endorsement, approval, or control of the linked site by Punch Pizza.

Third-party delivery platforms, payment processors, and other service providers that facilitate our services are subject to their own terms and conditions, which you may be required to accept separately.

15. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Website, you consent to our collection and use of your personal data as described in our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for users who are California residents, as well as all other applicable federal and state privacy laws.

16. Force Majeure

Punch Pizza shall not be liable for any failure or delay in performance under these Terms that results from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials, epidemics, pandemics, government orders or restrictions, or any other cause beyond our reasonable control (a "Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations. During the period of a Force Majeure Event, our obligations under these Terms will be suspended to the extent affected by such event.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The modification or deletion of any provision shall not affect the validity and enforceability of the rest of these Terms, which shall remain in full force and effect.

The parties agree that if any provision of these Terms is found to be unenforceable, the remaining provisions shall continue to govern the relationship between the parties to the fullest extent permitted by law, and the parties agree to negotiate in good faith a replacement for any deleted provision that achieves, as closely as possible, the original intent of the parties.

18. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us 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 understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

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

No oral modification of these Terms shall be binding. Any modifications to these Terms must be in writing and signed by an authorized representative of Punch Pizza to be effective.

19. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Punch Pizza. Any attempt to do so without such consent shall be null and void. Punch Pizza may freely assign or transfer these Terms or any of its rights and obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. Electronic Communications

By using our Website or services, you consent to receive electronic communications from Punch Pizza. These communications may include notices about your account, order confirmations, promotional materials, and other information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that even after opting out of promotional communications, you may still receive transactional and administrative communications from us related to your orders and account.

21. Accessibility

Punch Pizza is committed to ensuring digital accessibility for all users, including those with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing any part of our Website or services, please contact us at [email protected] and we will make reasonable efforts to assist you.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the following information:

We endeavor to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety or order issues, please reach out via email for the fastest possible response.