Terms of Service

Please read these Terms of Service carefully before using the website located at food-papaginos.click or any services offered by Papa Ginos. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Papa Ginos ("Company," "we," "us," or "our"), governing your access to and use of the website food-papaginos.click and all associated services, content, features, and functionality offered by Papa Ginos (collectively, the "Services").

By visiting our website, placing an order, creating an account, or otherwise interacting with our Services in any manner, you affirm that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or guardian consent to use these Services. You further represent that you have the legal capacity to enter into a binding contract under applicable United States law.

Your continued use of our website and Services following any changes to these Terms constitutes your acceptance of those changes. We recommend that you review these Terms periodically to stay informed of any updates. If you are accessing these Services on behalf of a business, organization, or other legal entity, 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.

These Terms apply to all visitors, users, and others who access or use the Services, including but not limited to customers who place food orders, browse our menu, register for accounts, or otherwise engage with our digital platforms.

2. Description of Services

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

• Online Menu Browsing: Users may view our current food and beverage menu, including descriptions, pricing, ingredients, and available customization options.
• Online Food Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability and our operational hours.
• Account Registration: Users may create personal accounts to manage their order history, save preferences, and expedite future orders.
• Promotions and Loyalty Programs: We may offer promotional discounts, loyalty reward programs, coupons, and special offers to eligible customers through our website or affiliated platforms.
• Customer Support: We provide customer service and support through various contact channels, including email and telephone.
• Catering and Special Orders: Where available, we may offer catering services or the ability to place large or customized orders for events and gatherings.

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 any Services.

The availability of certain menu items, promotions, and services may vary depending on your geographic location, time of day, and operational capacity. We do not guarantee the continuous availability of any specific item, feature, or service.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account login credentials.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Use the Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations when using our Services.
• Accept responsibility for all activities that occur under your account.
• Provide valid payment information when placing orders and ensure sufficient funds or credit are available to complete the transaction.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).
• Engage in any fraudulent activity, including submitting false or misleading orders, chargebacks, or payment disputes without legitimate cause.
• Impersonate any person or entity, or falsely represent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of our website, servers, databases, or other systems connected to the Services.
• Use any automated tool, robot, spider, scraper, or other means to access or collect data from our website without our prior written consent.
• Transmit any viruses, malware, Trojan horses, or other harmful or malicious code through our website or Services.
• Interfere with or disrupt the integrity or performance of the Services or any related infrastructure.
• Harass, intimidate, or threaten our employees, contractors, agents, or other users.
• Post, transmit, or distribute any content that is defamatory, obscene, offensive, or otherwise objectionable.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code from any aspect of our website or technology.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without our express written permission.
• Use our Services to send unsolicited communications, spam, or bulk messages of any kind.
• Engage in any activity that could damage, disable, overburden, or impair our servers or networks.

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice, for any violation of these prohibited activities or for any other conduct we deem harmful to the Company, our users, or third parties.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Services — including but not limited to the website design, layout, graphics, logos, trademarks, service marks, text, photographs, images, videos, software, and the compilation thereof — are the exclusive property of Papa Ginos or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable intellectual property statutes.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on our content or materials.
• Use our content for commercial purposes without our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices.
• Transfer, sublicense, or otherwise convey the rights granted under this license to any third party.

All trademarks, logos, and service marks displayed on our website are registered and unregistered trademarks of Papa Ginos or third parties. Nothing in these Terms shall be construed as granting you any right or license to use any trademark or service mark displayed on our website without the prior written consent of the respective owner.

If you believe that any content on our website infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement and supporting documentation.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our website are in United States Dollars (USD) and are subject to change without prior notice. We make every effort to ensure that pricing information is accurate and up-to-date; however, errors may occasionally occur. In the event of a pricing error, we reserve the right to cancel or modify affected orders and notify you accordingly.

Additional fees may apply depending on the nature of your order, including but not limited to delivery fees, service charges, applicable sales taxes as required by federal, state, or local law, and any gratuities where applicable. All applicable fees will be disclosed to you prior to the completion of your order.

5.2 Payment Methods

We accept various forms of payment for online orders, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as may be made available from time to time. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge that payment method for the total amount of your order, including taxes and applicable fees.

5.3 Order Confirmation and Cancellation

Upon successful placement of your order, you will receive a confirmation via email or on-screen notification. This confirmation constitutes our acceptance of your order. You may request cancellation of an order within a reasonable time frame prior to preparation; however, once an order has been prepared or is in transit for delivery, cancellations may not be possible, and refunds may not be available.

5.4 Refunds and Disputes

If you are dissatisfied with your order due to an error on our part, such as incorrect items delivered or quality issues, please contact us within a reasonable period after receipt of your order. We will evaluate each situation on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion. Chargebacks initiated without first contacting our customer service may result in suspension of your account.

6. Disclaimers

6.1 Services Provided "As-Is"

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, AND FUNCTIONALITY PROVIDED THROUGH OUR 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, PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

While we make reasonable efforts to ensure the accuracy and completeness of information provided on our website, including menu descriptions, pricing, nutritional information, and allergen details, we do not warrant that such information is always accurate, complete, current, or error-free. You assume full responsibility for any reliance on information provided through our Services.

6.3 Food Allergen Disclaimer

Our food products may contain or may have been prepared in facilities that handle common allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. While we endeavor to provide accurate allergen information, cross-contamination may occur in our kitchen environments. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. Papa Ginos shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

6.4 Third-Party Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Papa Ginos. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you choose to use.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PAPA GINOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS IMMEDIATELY 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 types of damages. If such laws apply to you, some or all of the above limitations may not apply, and you may have additional rights. Nothing in these Terms shall limit or exclude liability for fraud, willful misconduct, gross negligence, personal injury, or any other liability that cannot be excluded or limited under applicable law.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Papa Ginos and its respective officers, directors, employees, agents, licensors, successors, and assigns 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 or breach of these Terms or any applicable law, rule, or regulation.
• Your use or misuse of the Services.
• Any content or information you submit, post, or transmit through the Services.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
• Any dispute between you and a third party arising from your use of our Services.
• Your negligence or willful misconduct.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You shall not settle any claim or matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Papa Ginos is registered and operating, without regard to any conflict of law principles that would cause the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to personal jurisdiction in such courts and waive any objection to the laying of venue in such jurisdiction.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and other applicable United States federal and state consumer protection statutes. If you are located in the State of California, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may also apply to certain aspects of your relationship with us.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting us at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AND INJUNCTIVE OR EQUITABLE RELIEF SOUGHT TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.

The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding on both parties. The arbitrator shall have the authority to award any remedy available at law or in equity, subject to the limitations set forth in these Terms. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND PAPA GINOS AGREE THAT EACH PARTY 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 OR PROCEEDING. Unless both parties agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

10.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND PAPA GINOS EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you use or access the Services or maintain an account with Papa Ginos, whichever is longer.

11.2 Termination by You

You may terminate your account or cease using our Services at any time by contacting us at [email protected] and requesting account deletion or deactivation. Termination of your account does not relieve you of any obligations or liabilities incurred prior to the date of termination.

11.3 Termination by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Conduct that we believe is harmful, fraudulent, or unlawful.
• Failure to pay for orders or repeated chargebacks.
• Conduct that may create legal liability for us or third parties.
• Our decision to discontinue the Services.

11.4 Effect of Termination

Upon termination of your account or access to the Services, your right to use the Services shall immediately cease. Any provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law provisions, shall survive termination and continue in full force and effect.

12. Changes to Terms

Papa Ginos reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide you with additional notice, such as sending an email to the address associated with your account or displaying a prominent notice on our website.

Your continued access to or use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services immediately.

We encourage you to review these Terms periodically to stay informed of any changes. In cases where changes are material and significantly affect your rights or obligations, we will make reasonable efforts to provide advance notice of not less than thirty (30) days before the changes take effect, where practicable.

13. User-Generated Content

If our Services allow you to submit, post, or share reviews, comments, ratings, feedback, or other content ("User Content"), you retain ownership of any intellectual property rights you hold in such User Content. However, by submitting User Content through our Services, you grant Papa Ginos a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, distribute, display, publish, and create derivative works from your User Content in connection with operating and promoting the Services.

You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) the User Content does not violate these Terms or any applicable law; and (c) the User Content does not infringe any third-party intellectual property, privacy, or other rights.

We reserve the right, but not the obligation, to review, moderate, remove, or refuse to display any User Content at our sole discretion, without notice or liability.

14. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you acknowledge that you have read, understood, and agree to our Privacy Policy. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) where applicable.

15. Electronic Communications

By using our Services or communicating with us electronically, you consent to receive communications from us electronically, including but not limited to order confirmations, promotional messages, account notifications, and legal notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

16. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performing its obligations 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, fire, flood, earthquakes, pandemics, epidemics, acts of war or terrorism, governmental actions or regulations, strikes or labor disputes, power outages, internet or telecommunications failures, or any other event of force majeure.

In the event of a force majeure event, we will make reasonable efforts to notify you and to resume performance of our obligations as soon as reasonably practicable. Any affected obligations shall be suspended for the duration of the force majeure event.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction under applicable law, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.

In the event that a court determines that any provision of these Terms is invalid or unenforceable, the parties agree that such court shall endeavor to give effect to the parties' intentions as reflected in the provision and that the remaining provisions shall not be affected.

18. 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 Services, constitute the entire agreement between you and Papa Ginos with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Papa Ginos regarding the Services.

No waiver by Papa Ginos of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, nor shall any failure by Papa Ginos to enforce any right or provision under these Terms constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Papa Ginos to be effective.

19. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We reserve the right to assign or transfer these Terms and our rights and obligations hereunder to any third party at any time without notice to you, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

20. Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision of these Terms.

21. 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 will make every reasonable effort to respond to your inquiries within a reasonable time frame. For urgent matters related to food safety or allergic reactions, please contact us immediately by email at [email protected].