Terms of Service

Please read these Terms of Service carefully before using the website located at punch-cafe.click (the "Website") or any services offered by Punch Pizza ("we," "us," "our," or the "Company"). By accessing or using our Website, placing an order, or otherwise interacting with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or using the Website at punch-cafe.click, you expressly agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms, guidelines, or rules applicable to specific features or services offered on the Website. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Website and must discontinue use immediately.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Punch Pizza. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We reserve the right to modify, amend, or update these Terms at any time without prior notice, except as required by applicable law.

By using our Website, 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 with the knowledge and consent of a parent or legal guardian who also agrees to these Terms. Individuals under the age of thirteen (13) are not permitted to use this Website.

If you are accessing or using the Website on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and such entity.

2. Description of Services

Punch Pizza operates a food service business that offers customers the ability to learn about our menu offerings, place food orders online, make reservations, and engage with our brand through digital channels. The services we provide through our Website include, but are not limited to:

• Display of our current food and beverage menu, including pizza, appetizers, beverages, and specialty items;
• Online ordering and delivery or pickup coordination services;
• Catering inquiries and event planning services;
• Promotional offers, loyalty programs, and newsletter subscriptions;
• General customer service and communication functions;
• Information about our locations, hours of operation, and contact details;
• User account creation and management for returning customers.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our services at any time, with or without notice. Punch Pizza shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services or any part thereof. Availability of specific menu items, ingredients, or promotional offers may vary and is subject to change without notice.

Punch Pizza makes no guarantees regarding the uninterrupted availability of the Website or any specific feature. The Website may experience downtime for maintenance, updates, or other technical issues. We will endeavor to provide advance notice of planned maintenance when possible.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or otherwise communicating with Punch Pizza;
• Maintain the security and confidentiality of any account credentials, including usernames and passwords;
• Promptly notify us of any unauthorized use of your account or any other breach of security at [email protected];
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website;
• Use the Website only for lawful, personal, non-commercial purposes unless otherwise expressly authorized by Punch Pizza in writing;
• Respect the intellectual property rights of Punch Pizza and third parties;
• Ensure that all food orders placed through the Website are intended for genuine consumption and are not placed fraudulently.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities while using the Website or our services:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other illegitimate means;
• Interference: Interfering with or disrupting the integrity or performance of the Website, servers, or networks connected to the Website;
• Automated Scraping: Using robots, spiders, scrapers, or other automated tools to access, collect, or extract data from the Website without our prior written consent;
• Fraudulent Orders: Placing false, fraudulent, or misleading orders, including providing false payment information or using stolen credit card information;
• Impersonation: Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Harassment: Harassing, threatening, intimidating, or otherwise engaging in harmful conduct directed at our employees, contractors, or other users;
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, spyware, or other malicious code that may damage, disrupt, or impair the Website;
• Illegal Use: Using the Website in any manner that violates any applicable federal, state, or local law, regulation, or ordinance, including but not limited to laws governing consumer fraud, unfair business practices, and food safety;
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Website;
• Unauthorized Advertising: Sending unsolicited commercial communications or spam to other users or our staff through any feature of the Website;
• Circumventing Security: Circumventing, disabling, or otherwise interfering with security-related features of the Website, including those that prevent or restrict the use or copying of content.

Violation of any of the above prohibited activities may result in the immediate termination of your access to the Website and services, and may expose you to civil and criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

The Website and all content, features, and functionality thereof — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the compilation of all such content — are the exclusive property of Punch Pizza or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 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 Website solely for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

4.3 Trademarks

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

4.4 User-Submitted Content

If you submit, post, or transmit any content to the Website, including reviews, feedback, comments, photos, or suggestions ("User Content"), you grant Punch Pizza a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and otherwise exploit such User Content in any media format or channel, without compensation to you. 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 the rights of any third party.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes, delivery fees, service charges, and any other applicable fees. Prices are subject to change without notice. The final price, including all applicable taxes and fees, will be displayed at checkout prior to your confirmation of an order.

5.2 Payment Methods

We accept major credit and debit cards, including Visa, MasterCard, American Express, and Discover, as well as other payment methods as may be displayed on the Website from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Punch Pizza to charge your payment method for the full amount of your order, including all applicable taxes and fees.

5.3 Order Confirmation and Cancellations

Upon successful placement of an order, you will receive an electronic confirmation to the email address provided. This confirmation does not constitute acceptance of your order. Punch Pizza reserves the right to cancel any order at its sole discretion, including in the event of pricing errors, unavailability of menu items, suspected fraudulent activity, or technical issues. In the event of a cancellation by Punch Pizza, you will receive a full refund to your original payment method.

5.4 Refunds and Disputes

Refund requests must be submitted to [email protected] within twenty-four (24) hours of the order delivery or pickup. Refunds are subject to our discretion and will be evaluated on a case-by-case basis. Disputes regarding charges should first be directed to Punch Pizza before initiating a chargeback with your financial institution. Fraudulent chargebacks may result in permanent suspension of your account and referral to appropriate law enforcement authorities.

6. Food Safety, Allergen Information, and Disclaimers

Punch Pizza takes food safety seriously and strives to provide accurate information about ingredients and potential allergens. However, we cannot guarantee that our food products are free from cross-contamination with allergens, as our kitchen prepares a variety of items that may contain common allergens including, but not limited to, wheat, gluten, dairy, eggs, nuts, soy, and shellfish. If you have a severe food allergy or dietary restriction, we strongly recommend that you contact us directly at [email protected] before placing an order.

Menu descriptions and images on the Website are for illustrative purposes only. Actual products may vary in appearance, size, and presentation. Caloric and nutritional information, where provided, is approximate and may not reflect actual values due to natural variation in ingredients, preparation methods, and portion sizes.

7. Disclaimers — "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, INFORMATION, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED 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, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

8. Limitation of Liability

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

• Your use of or inability to use the Website or services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any conduct or content of any third party on the Website;
• Any food allergic reactions, foodborne illness, or other health-related issues arising from the consumption of products ordered through the Website, except to the extent caused by our gross negligence or willful misconduct;
• Any errors, omissions, or inaccuracies in content on the Website;
• Any interruption, suspension, or termination of the Website or services;
• Any other matter relating to the Website or services.

IN NO EVENT SHALL PUNCH PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PUNCH PIZZA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUNCH PIZZA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza, its parent companies, subsidiaries, affiliates, 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, or 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 in any manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute between you and another user of the Website.

Punch Pizza reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Punch Pizza in asserting any available defenses.

10. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Punch Pizza. These links are provided for your convenience and information only. Punch Pizza 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 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 the use of or reliance on any such third-party content, goods, or services.

We encourage you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link does not imply endorsement by Punch Pizza of the linked site or any association with its operators.

11. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Website and services. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent you are a resident of California, your use of the Website and our handling of your personal information is also governed by the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act of 2020 (CPRA). For information about your rights under California law, please review our Privacy Policy or contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, controversy, claim, or legal proceeding arising out of or relating to these Terms, your use of the Website, or the services provided by Punch Pizza shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Punch Pizza is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your use of the Website or these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

Nothing in these Terms shall be deemed to limit Punch Pizza's 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 its intellectual property rights, confidential information, or any other proprietary rights.

These Terms are also subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices in commerce. To the extent applicable, the provisions of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) apply to these Terms.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website ("Dispute"), you agree to first attempt to resolve such Dispute informally by contacting Punch Pizza at [email protected] and providing a written description of the Dispute, the relief sought, and your contact information. We will attempt to resolve the Dispute informally within thirty (30) calendar days of receipt of such notice. If the Dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. You and Punch Pizza waive the right to a trial by jury and the right to participate in class action proceedings. The arbitration shall be conducted by a single neutral arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) or JAMS, as selected by Punch Pizza, and shall take place in the United States in the state where Punch Pizza is headquartered, or at such other location as agreed by the parties.

The arbitrator shall have the authority to award any relief that would be available in court, except that the arbitrator shall not have authority to award relief in excess of what these Terms permit. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 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 OR REPRESENTATIVE PROCEEDING. Further, 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.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or misappropriation of confidential information, pending arbitration. Small claims court actions that otherwise meet the jurisdictional requirements of such courts are also excepted from the arbitration requirement.

14. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website or maintain an account with Punch Pizza. We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and services, with or without notice and without liability to you, for any reason or no reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in any prohibited activity described herein;
• Requests by law enforcement or other governmental authorities;
• Discontinuation or material modification of the Website or any service offered;
• Extended periods of inactivity;
• Technical or security issues;
• Your non-payment of any amounts owed to Punch Pizza.

Upon termination of your account or access, your right to use the Website immediately ceases. Punch Pizza may, but is not obligated to, provide you with any account data or content upon termination. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may also 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 that arose prior to termination.

15. Changes to These Terms

Punch Pizza reserves the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with notice of such changes through the Website or via the email address associated with your account.

Your continued use of the Website after the posting of revised Terms constitutes your acceptance of the 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 discontinue use of the Website immediately.

Material changes that significantly affect your rights or obligations will be communicated with at least thirty (30) days' advance notice where required by applicable law. Non-material changes, such as corrections of typographical errors, clarifications of existing provisions, or changes required by law, may take effect immediately upon posting.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, void, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any individual provision.

The parties acknowledge and agree that each provision of these Terms shall be construed as a separate, independent agreement between the parties, and the invalidity of one provision shall not affect the validity of the remaining provisions. No waiver by either party of any breach of these Terms shall be construed as a waiver of any subsequent breach.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Punch Pizza on the 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 understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

The failure of Punch Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall not be deemed a further or continuing waiver of such provision or any other provision. No waiver by Punch Pizza of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms may not be assigned by you without the prior written consent of Punch Pizza. Punch Pizza may assign its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.

18. Force Majeure

Punch Pizza shall not be liable to you for any delay or failure to perform any obligation under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions or restrictions, labor disputes, supply chain disruptions, power outages, internet service disruptions, civil unrest, or any other event beyond our reasonable control. In such circumstances, our obligations shall be suspended for as long as such circumstances continue, and we will make reasonable efforts to resume normal operations as soon as practicable.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, wish to report a violation of these Terms, or need to contact us for any other legal purpose, please reach out to us using the contact information below:

We strive to respond to all legitimate legal inquiries within five (5) business days. For urgent matters, including reports of security vulnerabilities, potential intellectual property infringement, or consumer safety concerns, please indicate the urgency in the subject line of your email communication.

For customer service inquiries unrelated to legal matters, including questions about your order, delivery status, or menu items, please also contact us at [email protected], and our customer service team will be happy to assist you.