Terms & Conditions

Last updated: May 1, 2024

1. Introduction

Welcome to Pizzaiolo ("Company", "we", "our", "us"). These Terms and Conditions govern your use of our website located at https://pizzaiolo.ca (the "Site"), our mobile application (the "App"), and the services we offer (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our Services.

2. Definitions

For the purposes of these Terms and Conditions:

  • "Account" means a unique account created for you to access our Services.
  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pizzaiolo, 543 Laura Ridge, Tylerfort, DD3 8ES, Canada.
  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available on our Services.
  • "Device" means any device that can access our Services, such as a computer, a cellphone, or a tablet.
  • "Order" refers to a request placed by you for the purchase of our products.
  • "Service" refers to the Site, App, and all services offered by Pizzaiolo.
  • "Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.
  • "Third-party Social Media Service" means any services or content provided by a third party that may be displayed, included, or made available by our Services.
  • "You" means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

3. Acceptance of Terms

By accessing our Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to change these Terms at any time. We will provide notice of any changes by updating the "Last updated" date at the top of these Terms. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

4. User Accounts

Account Creation

To access certain features of our Services, you may be required to create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your Account login information
  • All activities that occur under your Account
  • Promptly notifying us of any unauthorized use of your Account or any other breach of security

We reserve the right to terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

5. Ordering and Payment

Placing Orders

When you place an Order through our Services, you are offering to purchase the products you have selected based on the information provided in our Services, including product descriptions, prices, and delivery information.

Order Acceptance

We reserve the right to accept or decline your Order for any reason, including but not limited to:

  • Product availability
  • Errors in product or pricing information
  • Problems with your Order information
  • Suspected fraudulent activity

An Order is not accepted until we confirm acceptance, typically via an order confirmation email or in-app notification.

Pricing and Payment

All prices are shown in Canadian Dollars (CAD) and include applicable taxes. Prices are subject to change without notice. We accept various payment methods as indicated on our payment pages.

By providing payment information, you represent and warrant that:

  • You are authorized to use the designated payment method
  • The payment information you provide is accurate
  • You authorize us to charge your designated payment method for the total amount of your Order

Promotions and Discounts

Promotions, discounts, or offers cannot be combined unless explicitly stated otherwise. We reserve the right to modify or cancel promotions at any time without notice.

6. Delivery and Pickup

Delivery Areas

Delivery is available only in designated areas. You can check if your location is within our delivery area through our Services before placing an Order.

Delivery Times

Estimated delivery times are provided as a guide only and are not guaranteed. Various factors may affect delivery times, including weather conditions, traffic, and high-demand periods.

Delivery Address

You are responsible for providing a complete and accurate delivery address. We are not responsible for Orders that are delayed or cannot be delivered due to incorrect address information.

Pickup Orders

If you select the pickup option, your Order will be available at the selected location at the estimated pickup time. You may be required to show identification to collect your Order.

7. Intellectual Property

Ownership

Our Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights 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 your personal, non-commercial use.

Restrictions

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 Services, except as permitted by these Terms
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services
  • Access or use our Services for any commercial purposes

Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company.

8. User Conduct

While using our Services, you agree not to:

  • Use our Services in any way that violates any applicable federal, provincial, local, or international law or regulation
  • Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
  • Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which may harm the Company or users of our Services or expose them to liability
  • Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services
  • Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services
  • Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose
  • Use any device, software, or routine that interferes with the proper working of our Services
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services
  • Attack our Services via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of our Services

9. User Content

Submission of Content

Our Services may allow you to post, submit, publish, display, or transmit content such as reviews, comments, suggestions, and feedback ("User Content"). All User Content must comply with these Terms.

License to User Content

By providing any User Content on our Services, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media formats and through any media channels.

Representations and Warranties

You represent and warrant that:

  • You own or control all rights in and to the User Content you submit
  • The User Content does not violate these Terms or any applicable law
  • The User Content does not infringe any third party's intellectual property or privacy rights
  • The User Content does not contain any defamatory, obscene, offensive, or otherwise objectionable material

Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Content for any or no reason
  • Take any action with respect to User Content that we deem necessary or appropriate
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
  • Take appropriate legal action for any illegal or unauthorized use of our Services
  • Terminate or suspend your access to all or part of our Services for any violation of these Terms

However, we do not undertake to review all material before it is posted on our Services and cannot ensure prompt removal of objectionable material after it has been posted.

10. Third-Party Websites and Content

Our Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

We do not warrant that:

  • Our Services will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • Our Services are free of viruses or other harmful components
  • The results of using our Services will meet your requirements

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, or any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use our Services, even if the Company or any supplier has been advised of the possibility of such damages.

In no case shall the Company's liability exceed the amount that you paid to the Company for any products ordered through our Services in the six (6) months preceding the event giving rise to the liability.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 or your use of our Services, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.

14. Term and Termination

These Terms shall remain in full force and effect while you use our Services.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

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

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Dispute Resolution

Informal Resolution

If you have any concerns or disputes about our Services, you agree to first try to resolve the dispute informally by contacting us at [email protected].

Formal Resolution

If a dispute cannot be resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by final and binding arbitration in Toronto, Ontario in accordance with the rules of the ADR Institute of Canada.

Restrictions

You agree that any arbitration shall be limited to the dispute between you and the Company individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other proceeding
  • There is no right or authority for any dispute to be arbitrated on a class-action basis
  • There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions

Exceptions to the arbitration agreement include:

  • Small claims court cases
  • Cases involving requests for temporary or preliminary injunctive relief
  • Cases involving the infringement or other misuse of intellectual property rights

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last updated" date at the top of these Terms.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you are no longer authorized to use our Services.

18. Contact Us

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

Legal Department
Pizzaiolo
543 Laura Ridge
Tylerfort, DD3 8ES
Canada

Email: [email protected]

Phone: +44 662 588 9416