Terms of Service

Please read these Terms of Service carefully before using the website located at papaginos-cafe.click (the "Website") or any services offered by Papa Ginos ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease using our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website located at papaginos-cafe.click, or by placing an order for food products or related services offered by Papa Ginos, you 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. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Papa Ginos.

You represent and warrant that:

• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you are using the Website under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
• You have the legal capacity and authority to enter into these Terms.
• You will use the Website and our services only for lawful purposes and in accordance with these Terms.
• All information you provide to us is accurate, current, and complete.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe that your conduct violates these Terms or is harmful to other users, us, third parties, or the general public.

2. Description of Services

Papa Ginos is a food service business operating in the United States. Through our Website at papaginos-cafe.click, we offer the following services:

• Online Menu Browsing: Users may browse our menu offerings, which include a variety of food and beverage items, including but not limited to pizza, sandwiches, pasta, salads, appetizers, desserts, and drinks.
• Online Ordering: Users may place orders for food items for pickup or delivery, subject to availability and geographic service areas.
• Account Creation and Management: Users may create personal accounts to manage order history, saved addresses, and preferences.
• Promotions and Loyalty Programs: We may offer coupons, promotional discounts, or loyalty rewards programs from time to time at our sole discretion.
• Customer Support: Users may contact us for assistance related to orders, billing, or general inquiries.
• Catering Services: We may offer catering options for events, subject to separate agreements and availability.
• Gift Cards and E-Vouchers: Where available, we may offer digital or physical gift cards subject to their specific terms and conditions.

All services are offered subject to these Terms and applicable federal, state, and local laws and regulations of the United States. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

Our services are currently available to users located within the United States. We make no representation that our services are appropriate or available for use outside of the United States. Accessing our services from jurisdictions where such activities are illegal is strictly prohibited.

3. User Account and Registration

Some features of our Website may require you to create a user account. When you register for an account, you agree to:

• Provide accurate, truthful, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Accept all responsibility for any and all activities that occur under your account.
• Notify us immediately at [email protected] of any unauthorized access to or use of your account or any other security breach.

You may not share your account credentials with any third party or permit any third party to access your account. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to terminate your account if any information provided is found to be inaccurate, false, or incomplete, or if you violate any provision of these Terms.

4. User Obligations and Prohibited Activities

As a condition of your use of our Website and services, you agree to comply with all applicable laws, regulations, and these Terms. You agree that you will NOT engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Use the Website or services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation in the United States.
• Violate or attempt to violate the security of the Website, including attempting to probe, scan, or test the vulnerability of any system or network, or breach security or authentication measures without proper authorization.
• Use any robot, spider, scraper, crawler, or other automated means to access the Website or collect data from it without our express written permission.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Post, transmit, or distribute any content that is defamatory, obscene, abusive, fraudulent, harassing, threatening, or otherwise objectionable.
• Attempt to decompile, disassemble, reverse engineer, or discover the source code of any software used in connection with our Website or services.
• Upload, transmit, or introduce any malware, virus, worm, Trojan horse, or other harmful or disruptive code to our systems or the Website.
• Engage in any activity that could damage, disable, overburden, or impair the proper functioning of our Website or servers.
• Collect or harvest any personally identifiable information from the Website without our express written consent.
• Use our Website for unauthorized commercial solicitation, advertising, or spam.

4.2 Order-Related Prohibited Activities

• Place fraudulent or false orders with the intent to deceive or defraud Papa Ginos or its employees.
• Abuse promotional offers, coupons, or discount codes in violation of their stated terms.
• Use stolen, fraudulent, or unauthorized payment methods to complete purchases.
• Engage in chargebacks or payment disputes in bad faith.
• Misrepresent food allergies or dietary needs with the intent to obtain unauthorized accommodations or refunds.

Violation of any of the above prohibitions may result in immediate termination of your account, cancellation of outstanding orders, and we reserve the right to report any such violations to appropriate law enforcement authorities.

5. Payment Terms

When you place an order through our Website, the following payment terms apply:

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of checkout are the prices applicable to your order. We reserve the right to correct any pricing errors and to cancel or refund orders placed at an incorrect price.

5.2 Taxes

Applicable federal, state, and local sales taxes will be added to your order total at checkout, as required by law. You are responsible for any taxes applicable to your transactions.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our Website at the time of purchase. 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 taxes and applicable fees.

5.4 Order Confirmation and Cancellation

After you place an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order but rather an acknowledgment of receipt. We reserve the right to cancel any order for reasons including, but not limited to, unavailability of items, errors in pricing, or suspected fraud. In the event of cancellation, we will notify you and process a full refund where applicable.

5.5 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be offered at our sole discretion in cases where orders are incorrect, unsatisfactory, or where food safety concerns are identified. Requests for refunds must be submitted within twenty-four (24) hours of receipt of your order by contacting us at [email protected].

6. Intellectual Property Rights

All content available on or through our Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and arrangement of the Website (collectively, "Content"), is the exclusive property of Papa Ginos or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other proprietary rights.

6.1 Limited License

Subject to your compliance with these Terms, Papa Ginos grants you a limited, non-exclusive, non-transferable, non-sublicensable, 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 any right to:

• Resell or commercially exploit any Content.
• Reproduce, duplicate, copy, sell, or otherwise exploit any portion of the Website for commercial purposes without our express written consent.
• Use data mining, robots, or similar data gathering and extraction tools.
• Create derivative works based on the Content.

6.2 Trademarks

The name "Papa Ginos," our logos, slogans, and all related marks are trademarks or service marks of Papa Ginos. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. You are not permitted to use any of our trademarks without our prior written consent.

6.3 User-Submitted Content

If you submit reviews, feedback, comments, photographs, or other content ("User Content") through our Website or social media channels, you grant Papa Ginos a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon any third-party rights.

7. Disclaimers — Services Provided "As-Is"

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
• WARRANTIES REGARDING THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant or make any representations regarding the use, suitability, or results of the use of the materials on our Website in terms of their accuracy, reliability, or otherwise. You rely on such materials at your own risk.

Food Allergy Disclaimer: Although we take reasonable precautions to identify allergens in our food products, our kitchen environments may involve the handling of common allergens including but not limited to peanuts, tree nuts, wheat, milk, eggs, soy, fish, and shellfish. We cannot guarantee that cross-contamination will not occur. If you have food allergies or dietary restrictions, please contact us directly before placing an order.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR TRANSMITTED THROUGH THE WEBSITE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU 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 PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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

9. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos, its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers 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 of the Website or services;
• Your violation of any applicable law, rule, or regulation;
• Your infringement or violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through our Website;
• Your conduct or actions while using our Website or services;
• Any negligent or wrongful conduct by you or any third party acting under your account credentials.

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

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, or the breach, termination, or validity thereof, shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Papa Ginos is headquartered, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Papa Ginos agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the United States for the resolution of any disputes. You hereby waive any objection to such jurisdiction or venue, including any objection that such court is an inconvenient forum.

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.

Our services are designed to comply with applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) regarding unfair or deceptive acts or practices, the Electronic Communications Privacy Act, and other applicable federal statutes and regulations.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Papa Ginos at [email protected] and provide written notice of your dispute, including your name, a description of the nature and basis of the claim, and the specific relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.

11.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal means within thirty (30) days, both parties agree that any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our services, shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration service in accordance with its then-current rules, rather than in a court of law.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. The arbitrator shall not have the authority to conduct a class action arbitration or to award class-wide relief. Each party shall bear its own costs and expenses in connection with the arbitration, and the parties shall equally share the fees and costs of the arbitrator, unless the arbitrator determines that the claims were frivolous or brought in bad faith.

11.3 Class Action Waiver

YOU AND PAPA GINOS 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, REPRESENTATIVE, OR MULTI-PLAINTIFF PROCEEDING. Unless both you and Papa Ginos agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

11.4 Small Claims Court Exception

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, provided the action remains in such court and proceeds only on an individual basis.

12. 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, to:

• Terminate or suspend your account and access to our Website and services at any time, with or without cause, and with or without notice.
• Discontinue, modify, or suspend the Website or any portion thereof at any time without liability to you.
• Take any other action we deem necessary or appropriate in response to violations of these Terms or applicable law.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including any payment obligations.

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. The following sections shall survive the termination or expiration of these Terms for any reason: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

13. Changes to Terms

Papa Ginos reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also notify you of material changes via email to the address associated with your account or by posting a prominent notice on our Website.

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

If a change to these Terms materially affects your rights, we will make reasonable efforts to provide you with at least thirty (30) days' prior notice before the changes take effect.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Papa Ginos. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to review the terms of service and privacy policy of any third-party website or service that you visit. Papa Ginos shall not be responsible or liable for any damages or losses arising from your use of or reliance on any third-party websites, products, or services.

15. Electronic Communications

By using our Website or providing us with your email address, you consent to receive electronic communications from Papa Ginos, including order confirmations, promotional offers, newsletters, and notices relating to these Terms. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement 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 any such communication or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative emails related to your account and orders.

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, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any single provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect. The parties agree that any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Papa Ginos on the Website, constitute the entire agreement between you and Papa Ginos with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and Papa Ginos.

No waiver by Papa Ginos of any breach or default of any provision of these Terms shall be deemed a waiver of any preceding or subsequent breach or default. The failure of Papa Ginos to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performance 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 restrictions or actions, war, terrorism, labor disputes, power outages, internet service disruptions, fire, flood, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as reasonably practicable. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected services without liability.

19. Accessibility

Papa Ginos is committed to ensuring that our Website and services are accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) 2.1. If you encounter any accessibility barriers on our Website, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. 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 five (5) business days. For urgent matters related to food safety or health concerns, please contact the appropriate local health authorities in addition to contacting us directly.