Terms & Conditions

Last updated: January 15, 2023

Introduction

Welcome to Pizzaiolo ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of pizzaiolo.ca, our mobile applications, and related services (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.

Acceptance of Terms

By creating an account, placing an order, or otherwise using our Services, you represent that:

  • You are at least 18 years of age, or you are at least 13 years of age and have your parent or guardian's permission to use the Services
  • You have the legal capacity to enter into a binding agreement with us
  • You agree to comply with these Terms

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Account Registration and Security

Creating an Account

To access certain features of our Services, you may need to register for an account. During registration, you will be required to provide certain information and create a username and password.

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account
  • All activities that occur under your account

You must notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. If we suspect that your information is not accurate, current, or complete, we may suspend or terminate your account.

Ordering and Payment

Placing Orders

When you place an order through our Services, you are making an offer to purchase the products or services at the prices and quantities indicated. We reserve the right to accept or decline your order for any reason.

Pricing and Availability

All prices displayed on our Services are in Canadian dollars and do not include taxes, delivery fees, or other charges unless otherwise specified. Prices and availability of products are subject to change without notice. We make every effort to provide accurate pricing information, but errors may occur. If we discover an error in the price of items you have ordered, we will inform you and give you the option of reconfirming your order at the correct price or canceling it.

Payment

We accept various payment methods as indicated on our Services. By providing payment information, you represent and warrant that:

  • You have the legal right to use any payment method(s) provided
  • The payment information you supply is true, correct, and complete

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Delivery and Pickup

Delivery Areas

We offer delivery within a specific radius of each Pizzaiolo location. Delivery areas are subject to change without notice. You can check if delivery is available to your location before placing an order.

Delivery Times

We provide estimated delivery times when you place your order. These estimates are not guarantees, and actual delivery times may vary based on factors outside our control, such as traffic, weather conditions, or high order volumes.

Pickup Orders

If you select the pickup option, your order will be available at the selected Pizzaiolo location at the estimated pickup time. You may be required to show identification or order confirmation when collecting your order.

User Conduct and Restrictions

When using our Services, you agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law
  • Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights
  • Use our Services to transmit or distribute viruses, malware, or other harmful computer code
  • Interfere with or disrupt the integrity or performance of our Services
  • Attempt to gain unauthorized access to our Services or related systems
  • Collect or harvest any personally identifiable information from our Services
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Engage in any fraudulent activity or deceptive practice
  • Use our Services in a manner that could disable, overburden, damage, or impair our servers or networks
  • Use any robot, spider, or other automatic device to access our Services for any purpose without our express written permission

We reserve the right to terminate or restrict your access to our Services for any violation of these Terms or for any other reason at our sole discretion.

Intellectual Property Rights

Our Intellectual Property

Our Services and all content, features, and functionality (including but not limited to text, graphics, logos, images, videos, and software) are owned by Pizzaiolo, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include:

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

User Content

By posting, submitting, or sharing content on or through our Services (such as reviews, comments, or photos), you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any purpose.

You represent and warrant that you own or control all rights in and to the content you submit and that the content does not violate these Terms or any applicable law.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL MEET YOUR REQUIREMENTS
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZAIOLO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

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

Indemnification

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

  • Your violation of these Terms
  • Your use of the Services, including any content you submit
  • Your violation of any third party right, including without limitation any intellectual property right or privacy right

Dispute Resolution

Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution Process

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved as follows:

  1. Informal Resolution: Before initiating any formal legal proceeding, you agree to first contact us and attempt to resolve the dispute informally.
  2. Mediation: If the dispute cannot be resolved informally, either party may initiate mediation in Toronto, Ontario, with a mutually agreed-upon mediator.
  3. Arbitration: If mediation is unsuccessful, any controversy or claim shall be settled by binding arbitration in accordance with the rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario, in the English language.
  4. Exceptions: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

Class Action Waiver

YOU AND PIZZAIOLO 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.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last updated" date at the top of these Terms.

Your continued use of our Services after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning your use of the Services.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

Contact Information

If you have any questions about these Terms, please contact us at:

Pizzaiolo Customer Service
54 Harry Points
Beckyfort, CH63 4JT
Canada

Email: [email protected]
Phone: +448126901318