Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzapunchs.digital (the "Site") or any services offered by Punch Pizza ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Punch Pizza governing your access to and use of our website, online ordering platform, and food-related services.

1. Acceptance of Terms

By accessing or using our Site, placing an order through our online platform, creating an account, subscribing to any of our services, or otherwise engaging with Punch Pizza in any capacity, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue all use of our Site and services. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into this Agreement; (c) you will use our services only for lawful purposes and in a manner consistent with these Terms and all applicable federal, state, and local laws and regulations.

2. Description of Services

Punch Pizza is a food service business operating in the United States, dedicated to providing customers with high-quality pizza and related food products. Through our website at pizzapunchs.digital, we offer the following services:

2.1 Online Ordering

Our platform allows customers to browse our menu, customize food items, place orders for pickup or delivery, and make secure online payments. Orders are subject to availability, operational hours, and delivery zone restrictions, which may vary based on your location.

2.2 Menu and Food Products

We offer a variety of pizzas, sides, beverages, and other food items. All menu items, prices, ingredients, and nutritional information are subject to change without prior notice. We make reasonable efforts to display accurate information, but we do not guarantee the complete accuracy of all menu details at all times.

2.3 Loyalty and Promotional Programs

From time to time, we may offer loyalty programs, promotional deals, discount codes, or special offers. Such programs and offers are subject to their own specific terms and conditions, which will be communicated to you at the time of the promotion. We reserve the right to modify, suspend, or terminate any promotional program at any time.

2.4 Customer Account Services

We may offer registered account services that allow you to save your order history, manage preferences, and access exclusive deals. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.5 Third-Party Delivery Partners

In certain instances, Punch Pizza may utilize third-party delivery service providers to fulfill delivery orders. When using third-party delivery services, additional terms of those providers may apply. We do not assume liability for delays, errors, or issues arising from third-party delivery operations.

3. User Obligations and Prohibited Activities

3.1 General Obligations

As a condition of your use of our Site and services, you agree to:

• Provide accurate, complete, and current information when registering an account or placing an order;
• Promptly update any information to keep it accurate and current;
• Use the Site and services only for lawful, personal, and non-commercial purposes unless otherwise expressly agreed in writing;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Respect the intellectual property rights of Punch Pizza and third parties;
• Maintain the security and confidentiality of your account login credentials.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Site or services for any unlawful purpose or in violation of any federal, state, or local law, including but not limited to applicable consumer protection laws and Federal Trade Commission (FTC) regulations;
• Engaging in fraudulent activity, including but not limited to placing false orders, using stolen payment information, or submitting fraudulent refund claims;
• Attempting to gain unauthorized access to any portion of the Site, other users' accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or any other harmful code or programs;
• Scraping, crawling, or otherwise collecting data from our Site without our express written permission;
• Impersonating any person or entity, including any employee or representative of Punch Pizza;
• Using automated scripts, bots, or other automated means to interact with the Site;
• Interfering with or disrupting the integrity or performance of the Site or the servers and networks connected to it;
• Circumventing or attempting to circumvent any technological measures implemented by us to protect our Site and services;
• Using our Site or services to send unsolicited commercial communications (spam) to any person;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Site;
• Copying, reproducing, distributing, or exploiting any portion of our Site or its content for any commercial purpose without our express written consent.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including but not limited to reporting such activities to law enforcement authorities.

4. Account Registration and Security

Certain features of our Site may require you to register for an account. When you create an account, you agree to provide truthful, accurate, and complete information. You are solely responsible for safeguarding your password and for all activities that occur in connection with your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account, at any time and in our sole discretion, if we believe you have violated any provision of these Terms or if we detect suspicious activity associated with your account.

5. Intellectual Property Rights

5.1 Ownership of Content

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, software, icons, button designs, data compilations, and the arrangement and presentation of such content — are owned by Punch Pizza, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

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 Site solely for your personal and non-commercial use, including placing food orders for personal consumption. This license does not include any right to: (a) resell or commercially exploit the Site or its content; (b) make derivative works based on the Site or its content; (c) download or copy account information for another party's benefit; or (d) use any data mining, robots, or similar data gathering or extraction methods.

5.3 Trademarks

The "Punch Pizza" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Punch Pizza or its affiliates. You must not use such marks without prior written permission from Punch Pizza. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5.4 User-Submitted Content

If you submit any content to us, including reviews, feedback, comments, or suggestions ("User Content"), you grant Punch Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any medium. You represent and warrant that you own or have the necessary rights to submit such content and that the content does not infringe any third-party rights.

6. Payment Terms

6.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at checkout prior to order confirmation.

6.2 Payment Methods

We accept major credit and debit cards, and other payment methods as indicated on our checkout page. By submitting an order, you authorize Punch Pizza to charge your designated payment method for the total amount of your order, including applicable taxes and fees.

6.3 Billing Accuracy

You represent and warrant that: (a) the payment information you provide is accurate and complete; (b) you are authorized to use the payment method provided; and (c) charges incurred by you will be honored by your financial institution.

6.4 Order Confirmation

Receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to: product availability, errors in pricing or product descriptions, identified fraudulent activity, or other reasons at our sole discretion.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order is confirmed and prepared. If there is an issue with your order — such as missing items, incorrect items, or food quality concerns — please contact us immediately at [email protected]. We will review each case individually and determine appropriate remedies, which may include a refund, credit, or replacement, at our sole discretion. Refund requests must be submitted within twenty-four (24) hours of order delivery or pickup.

6.6 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental fees or charges associated with your purchases, as required by federal, state, and local law.

7. Allergen and Dietary Information

Punch Pizza makes reasonable efforts to provide accurate information about potential allergens and dietary content of our menu items. However, our food is prepared in shared kitchen environments where cross-contamination with common allergens — including but not limited to gluten, dairy, nuts, eggs, and soy — may occur. We cannot guarantee that any menu item is completely free from allergens. If you have severe food allergies or dietary restrictions, we strongly encourage you to contact us directly before placing an order. Punch Pizza assumes no liability for allergic reactions or adverse health effects arising from consumption of our food products.

8. Disclaimers and "As-Is" Basis

8.1 No Warranties

THE SITE AND ALL SERVICES PROVIDED BY PUNCH PIZZA ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Accuracy

While we endeavor to provide accurate, current, and complete information on our Site, we do not warrant or represent that the content of the Site — including menu items, prices, nutritional information, and availability — is accurate, complete, or current at all times. We reserve the right to correct any errors or omissions without prior notice.

8.3 Third-Party Links

Our Site may contain links to third-party websites or services. These links are provided for your convenience only. Punch Pizza has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not constitute an endorsement by Punch Pizza of the linked site.

8.4 Availability

We do not warrant that the Site will be available at all times, uninterrupted, secure, or free from errors. We reserve the right to modify, suspend, or discontinue the Site or any part thereof at any time, with or without notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Site or services;
• Any conduct or content of any third party on the Site;
• Any food products purchased through or in connection with our services;
• Unauthorized access to or alteration of your transmissions or data;
• Any other matter relating to these Terms or our services.

IN NO EVENT SHALL PUNCH PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PUNCH PIZZA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all 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 the Site or services in any manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit to the Site;
• Any negligent or wrongful conduct on your part.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation 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 regard to its conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 12, you agree to submit to the personal jurisdiction of the federal and state courts located within the applicable jurisdiction in the United States, and you waive any objection to the laying of venue of any such proceeding in such courts.

Any claims brought under or in connection with these Terms must be brought within one (1) year after the claim arises, or such claim will be permanently barred, notwithstanding any statute of limitations or other law to the contrary.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Punch Pizza at [email protected] and provide a written description of the dispute, the nature of the harm, and the relief you are seeking. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes relating to Punch Pizza's intellectual property rights or claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND PUNCH PIZZA AGREE THAT EACH PARTY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. 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.

12.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

13. FTC Compliance and Consumer Protections

Punch Pizza operates in full compliance with the Federal Trade Commission Act and all applicable FTC regulations governing unfair or deceptive acts or practices in commerce. We are committed to transparent business practices, honest advertising, and fair treatment of all consumers. All endorsements, testimonials, and reviews displayed on our Site comply with the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising.

If you are a California resident, you may also have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy. For questions about your privacy rights as a California consumer, please contact us at [email protected].

14. Term and Termination

14.1 Duration

These Terms shall remain in full force and effect while you use our Site or services. We may terminate or suspend your access to and use of the Site, at our sole discretion, at any time and without notice to you, including if we reasonably believe that you have violated these Terms.

14.2 Effect of Termination

Upon termination of your access to the Site for any reason, all rights granted to you under these Terms will immediately cease. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations. The following provisions shall survive termination: Intellectual Property Rights, Payment Terms, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive termination.

14.3 Your Right to Terminate

You may terminate your account at any time by contacting us at [email protected]. Termination of your account will not affect any orders already placed and confirmed prior to the date of termination.

15. Changes to These Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. If we make material changes to these Terms, we will make reasonable efforts to notify you, which may include sending an email to the address associated with your account, displaying a prominent notice on our Site, or through other appropriate communication channels.

Your continued use of the Site or services following the posting of revised Terms constitutes your acceptance of those 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 must stop using our Site and services immediately.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and if it cannot be so modified, it shall be 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 remain in full force and effect. The parties agree that they would have entered into this Agreement even in the absence of the invalid, illegal, or unenforceable provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Punch Pizza concerning your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.

No failure or delay by Punch Pizza in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No waiver of any breach of any provision of these Terms shall be construed as a waiver of any subsequent breach of the same or any other provision.

18. Force Majeure

Punch Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, civil unrest, strikes, supply chain disruptions, power outages, internet failures, or other events of force majeure. In such circumstances, our obligations under these Terms will be suspended for the duration of the force majeure event.

19. Electronic Communications

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

20. Children's Use of the Site

Our Site and services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us at [email protected] and we will take steps to delete such information from our systems. Compliance with the Children's Online Privacy Protection Act (COPPA) is of utmost importance to us.

21. Accessibility

Punch Pizza is committed to ensuring that our Site is accessible to individuals with disabilities in compliance with applicable laws. We strive to meet or exceed the standards established by the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers on our Site, please contact us so we can assist you.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation or submit a legal notice, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or order emergencies, please clearly indicate the urgency in your message subject line to ensure prompt handling.