Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or otherwise using the cafepunch.click website, placing an order, creating an account, or interacting with any of our digital or physical services, you ("User," "Customer," or "you") expressly agree to be legally bound by these Terms of Service, our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Punch Pizza. 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 that entity to these Terms, and all references to "you" shall refer collectively to you and that entity.

You must be at least thirteen (13) years of age to use our Website. If you are under the age of eighteen (18), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using our services, you represent and warrant that you meet the applicable age requirements.

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

2. Description of Services

Punch Pizza is a food service company engaged in the preparation, sale, and delivery of pizza and related food and beverage products. Through our Website at cafepunch.click, we offer the following services (collectively, the "Services"):

• Online Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through our Website.
• Menu Information: We provide detailed descriptions, ingredients, allergen information, and pricing for all available menu items.
• Account Management: Registered users may create and manage personal accounts, view order history, save payment methods, and track loyalty rewards (where applicable).
• Promotions and Loyalty Programs: We may offer promotional deals, discount codes, coupon offers, and loyalty reward programs to eligible customers.
• Customer Support: We provide customer support services via email and other communication channels to assist with orders, inquiries, and complaints.
• Catering Services: We may offer catering services for events, gatherings, and corporate orders, subject to availability and advance booking requirements.
• Third-Party Delivery Integration: Where applicable, we may partner with third-party delivery platforms or couriers to facilitate delivery of orders to your location.

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

All menu items, pricing, and availability are subject to change without prior notice. Menu items may vary by location, and certain items may only be available during specific hours or seasons.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our 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 username and password.
• Notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.
• Use our Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, federal, and international laws and regulations while using our Services.
• Ensure that any information you submit does not violate the rights of any third party, including intellectual property rights and privacy rights.
• Accept responsibility for all activities that occur under your account, whether or not you authorized such activities.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, misleading, or unlawful purpose.
• Impersonate any person or entity, including any employee or representative of Punch Pizza.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.
• Use automated scripts, bots, crawlers, scrapers, or other automated means to access, collect data from, or interact with our Website without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Website, servers, or networks connected to the Website.
• Transmit any viruses, malware, spyware, or other harmful or disruptive code through the Website.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
• Post, transmit, or submit any content that is defamatory, abusive, obscene, threatening, harassing, or that violates the rights of any third party.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying our Website or Services.
• Use our Services to place false, fraudulent, or duplicate orders.
• Resell, redistribute, or commercially exploit any aspect of our Services without our express written consent.
• Collect or harvest any personal information about other users from our Website.
• Violate any applicable food safety, health, or consumer protection laws in connection with your use of our Services.

Any violation of these prohibitions may result in immediate termination of your account and access to Services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on or through the cafepunch.click Website, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Punch Pizza or its licensors, and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Punch Pizza name, logo, trade name, and all related product names, design marks, and slogans are trademarks or service marks of Punch Pizza. You may not use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right or license to use any of our trademarks, logos, or other brand features.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our Services. This license does not include the right to:

• Copy, reproduce, distribute, publish, or display any Content without our prior written permission;
• Modify, adapt, translate, or create derivative works based on the Content;
• Use the Content for any commercial purpose or for any public display, commercial or non-commercial;
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content.

Any unauthorized use of our intellectual property terminates the license granted herein and may constitute infringement of our intellectual property rights, entitling us to seek all available legal remedies.

If you submit any feedback, suggestions, ideas, or comments regarding our Services ("Feedback"), you hereby grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and incorporate such Feedback into our products and services without any obligation to compensate you.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items. We reserve the right to accept or decline your order at our discretion. An order confirmation sent to your registered email address constitutes our acceptance of your order.

We make every effort to ensure that menu descriptions, prices, and availability information displayed on our Website are accurate. However, errors may occur. If we discover an error in the price or description of items you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel your order for a full refund.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Applicable sales taxes will be calculated and added to your order total at checkout. Prices are subject to change without prior notice.

Delivery fees, service charges, or other applicable fees will be clearly disclosed at the time of checkout before you complete your purchase.

5.3 Payment Methods

We accept payment through the methods listed on our Website at the time of your order, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

We use industry-standard encryption and security measures to protect your payment information. Payment processing may be handled by third-party payment processors, and your use of such processors is subject to their respective terms and privacy policies.

5.4 Refunds and Cancellations

Once an order has been submitted and accepted, cancellations may not be possible if food preparation has already begun. If you wish to cancel or modify an order, please contact us immediately at [email protected]. Refunds, if applicable, will be processed at our discretion and in accordance with our Refund Policy. We are committed to customer satisfaction; if there is an issue with your order, please contact us promptly so we can make it right.

5.5 Promotional Codes and Discounts

Promotional codes, discount vouchers, and loyalty rewards are subject to specific terms and conditions disclosed at the time of issuance. Promotional codes may not be combined with other offers unless expressly stated. We reserve the right to void or reject any promotional code that is used fraudulently or in violation of its terms.

6. Delivery and Pickup

Delivery services are subject to geographic availability, minimum order requirements, and estimated delivery times that may vary depending on your location and order volume. Estimated delivery times are provided as a courtesy and are not guaranteed. Punch Pizza shall not be liable for delays caused by circumstances outside our reasonable control, including but not limited to traffic conditions, weather events, or third-party delivery service disruptions.

You are responsible for providing accurate and complete delivery address information. We shall not be responsible for failed or delayed deliveries resulting from inaccurate or incomplete address information provided by you.

If you select in-store pickup, you are responsible for collecting your order within the designated pickup time window. Orders not collected within a reasonable time may be discarded, and refunds may not be available in such cases.

7. Food Allergen and Dietary Information

We endeavor to provide accurate allergen and dietary information for our menu items. However, our food is prepared in a kitchen environment where allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, fish, and shellfish are present. Cross-contamination may occur, and we cannot guarantee that any menu item is completely free from allergens.

If you have a food allergy or dietary restriction, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your specific needs. Punch Pizza shall not be liable for any adverse reactions or health consequences resulting from consumption of our food products by individuals with allergies or dietary restrictions.

8. Disclaimer of Warranties

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, EXPRESS OR IMPLIED. PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

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

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR 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).

Some states do not allow the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza and its owners, officers, directors, employees, agents, licensors, affiliates, and service providers (collectively, "Indemnified Parties") 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 applicable law, rule, or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any content, data, or information you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud.

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

11. Third-Party Links and Services

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

The inclusion of any link to a third-party website does not constitute or imply our endorsement, sponsorship, or recommendation of that website or its operators. You acknowledge and agree that Punch Pizza 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 your use of or reliance on any third-party website, content, products, or services.

12. Privacy Policy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. We comply with applicable United States federal and state privacy laws, including, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act).

We encourage you to review our Privacy Policy carefully to understand our practices. The Privacy Policy is available on our Website at cafepunch.click.

13. Governing Law and Jurisdiction

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

You agree that any legal action or proceeding relating to your access to, or use of, the Website or Services shall be instituted in a federal or state court of competent jurisdiction in the applicable state of operation of Punch Pizza. You agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such legal action or proceeding in such courts.

Notwithstanding the foregoing, Punch Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

These Terms are compliant with applicable consumer protection standards enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in or affecting commerce.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us first to try to resolve any dispute informally. Please send a written description of your dispute to [email protected]. We will make reasonable good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your written notice.

14.2 Binding Arbitration

If informal resolution efforts are unsuccessful, you and Punch Pizza 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 our Services, shall be resolved by binding arbitration, rather than in court, except that either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration.

Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed upon, by a single neutral arbitrator. The arbitration shall take place in the applicable state of operation of Punch Pizza or, where mutually agreed, via remote proceedings. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 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, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Punch Pizza 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.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring claims in small claims court if the claims qualify for small claims court jurisdiction in the applicable jurisdiction. Additionally, claims relating to the infringement or validity of intellectual property rights shall not be subject to mandatory arbitration.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your account and access to the Website and Services for any reason, including if we believe you have violated these Terms;
• Refuse service to any person at any time for any reason;
• Discontinue, modify, or suspend any aspect of our Services at any time.

Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to: intellectual property rights, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.

If you wish to terminate your account, you may do so by contacting us at [email protected] with a written request to close your account. Termination of your account does not affect any obligations you have incurred prior to termination.

16. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our Website with a revised "Last Updated" date;
• Sending a notification to the email address associated with your account (if applicable); or
• Displaying a prominent notice on our Website.

Your continued use of our Website or Services after any changes to the Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Force Majeure

Punch Pizza shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fires, floods, earthquakes, governmental actions, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, civil unrest, or acts of terrorism.

In the event of a force majeure event, we will make reasonable efforts to notify affected customers and to resume normal operations as soon as practicable.

18. Electronic Communications and Consent

By using our Website, creating an account, or placing an order, you consent to receive electronic communications from us, including but not limited to order confirmations, receipts, account notifications, promotional emails, and other notices related to your use of our Services. These electronic communications shall satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or by contacting us at [email protected]. Opting out of marketing communications does not affect our ability to send you transactional or service-related communications.

19. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, 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 provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree that a court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the affected provision to the maximum extent permissible under applicable law.

20. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us on our 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, understandings, negotiations, and representations, whether oral or written, relating to the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver by us of any default or breach of these Terms shall not constitute a waiver of any subsequent default or breach. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Punch Pizza.

These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided herein.

21. Accessibility

Punch Pizza is committed to ensuring that our Website and Services are accessible to all users, including individuals with disabilities. We strive to comply with applicable 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 work to address any accessibility issues.

22. Contact Information

If you have any questions, concerns, feedback, or complaints regarding these Terms of Service or our Services, please do not hesitate to contact us using the information below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to an active order, please indicate "URGENT" in the subject line of your email.