Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at food-papaginos.digital (the "Website") or any services offered by Papa Ginos ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By visiting, browsing, or using the Website at food-papaginos.digital, placing an order, creating an account, or otherwise engaging with any service offered by Papa Ginos, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with any additional guidelines, policies, or rules applicable to specific features or services that may be posted on the Website from time to time. These Terms constitute a legally binding contract 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 a minor, that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You further represent that you have the legal capacity and authority to enter into this Agreement. If you are using this Website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to such entity.

Papa Ginos reserves the right to modify, amend, or update these Terms at any time and at its sole discretion. All changes become effective immediately upon posting unless otherwise stated. Your continued use of the Website following any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Papa Ginos operates as a food service business offering customers the ability to browse our menu, place online food orders, schedule deliveries or pick-ups, create loyalty accounts, engage with promotional offers, and interact with our digital content. Our services include, but are not limited to:

• Online Ordering: Customers may place orders for food and beverages through the Website, subject to availability, location, and operating hours.
• Delivery and Pickup Services: We facilitate food delivery to specified addresses and in-store or curbside pickup options, subject to geographic service area restrictions and applicable delivery fees.
• Account Services: Users may register for a customer account to manage orders, save payment information, track order history, and access exclusive promotions and loyalty rewards.
• Promotions and Loyalty Programs: From time to time, Papa Ginos may offer discounts, coupons, promotional deals, and loyalty reward programs subject to separate terms and conditions.
• Customer Support: We provide support through email, phone, and other available communication channels to assist with inquiries, complaints, and order issues.
• Digital Content: The Website includes informational content such as menus, nutritional information, food imagery, blog posts, and other digital materials provided for your convenience.

Papa Ginos reserves the right to modify, suspend, expand, or discontinue any service or feature at any time without prior notice. We do not guarantee that the Website or any of its services will be available at all times, free from errors, or uninterrupted.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of this Website and our services, you agree to:

• Provide accurate, complete, and current information when creating an account, placing orders, or communicating with us.
• Maintain the confidentiality of your account login credentials and promptly notify us of any unauthorized access or suspected breach of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms and all applicable federal, state, and local laws and regulations.
• Comply with all applicable laws concerning the use of electronic commerce services, including those related to consumer protection, data privacy, and food safety regulations.
• Ensure that any orders you place are genuine and that you have the intent and means to complete payment.
• Treat Papa Ginos staff, delivery personnel, and other users with respect and professionalism in all communications.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or services for any unlawful, fraudulent, or deceptive purposes, including but not limited to submitting false orders or fraudulent payment information.
• Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or any systems connected to the Website.
• Interfering with or disrupting the integrity, performance, or security of the Website, including introducing viruses, malware, trojans, or other harmful code.
• Scraping, harvesting, or otherwise collecting data from the Website without our express written permission.
• Reproducing, duplicating, copying, selling, or exploiting any portion of the Website or its content for commercial purposes without prior written authorization from Papa Ginos.
• Impersonating any person or entity, including Papa Ginos employees, representatives, or other users.
• Using automated tools, bots, scripts, or other means to access, navigate, or interact with the Website in ways not intended for human users.
• Posting, transmitting, or sharing any content that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable.
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying the Website.
• Engaging in any activity that imposes an unreasonable or disproportionate burden on the Website's infrastructure or servers.
• Violating any applicable federal, state, or local laws, regulations, or ordinances in connection with your use of the Website or services.

Papa Ginos reserves the right to suspend or terminate your access to the Website and services, cancel pending orders, and pursue any available legal remedies if you engage in any prohibited activities.

4. Account Registration and Security

To access certain features of our Website, you may be required to create a user account. When registering, you agree to provide truthful and accurate information and to keep this information updated. You are solely responsible for maintaining the confidentiality of your username and password. You agree to notify Papa Ginos immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

Papa Ginos will not be liable for any loss or damage arising from your failure to protect your account credentials. You may be held responsible for any losses incurred by Papa Ginos or other parties due to unauthorized use of your account resulting from your failure to maintain adequate security.

5. Ordering, Payment, and Pricing Terms

5.1 Order Placement

All orders placed through the Website are subject to acceptance by Papa Ginos. We reserve the right to refuse or cancel any order at our discretion, including but not limited to situations involving product unavailability, pricing errors, suspected fraud, or service area restrictions. You will be notified if your order cannot be fulfilled and any applicable charges will be refunded.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Menu prices may vary by location. Applicable taxes, delivery fees, and service charges will be displayed at checkout prior to order confirmation. Papa Ginos reserves the right to correct any pricing errors on the Website.

5.3 Payment Methods

Papa Ginos accepts various forms of payment as indicated at the time of checkout, including major credit cards, debit cards, and other accepted digital payment methods. By submitting your payment information, you represent that you are authorized to use the payment method provided and authorize Papa Ginos to charge the applicable fees to that payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a problem with your order, including incorrect items, missing items, or quality issues, please contact us immediately at [email protected]. We will evaluate your concern on a case-by-case basis and, at our discretion, may offer a replacement, store credit, or partial refund. Papa Ginos is not obligated to issue refunds for orders that have already been delivered or are in transit.

5.5 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. Where required by law, Papa Ginos will collect and remit sales tax on orders.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, data compilations, menu designs, software, and the overall "look and feel" of the Website (collectively, "Content"), is the exclusive property of Papa Ginos or its content suppliers and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

The Papa Ginos name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Papa Ginos. You are not permitted to use these marks without the prior written consent of Papa Ginos. All other trademarks appearing on the Website are the property of their respective owners.

Subject to your compliance with these Terms, Papa Ginos grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content without our express written permission;
• Use any Content for commercial purposes, including resale, redistribution, or competitive analysis;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website.

Any unauthorized use of the Content may violate copyright, trademark, privacy, and other applicable laws and could result in civil and criminal penalties. Papa Ginos reserves all rights not expressly granted in these Terms.

7. Third-Party Links and Services

The Website may contain links to third-party websites, services, or content that are not owned or controlled by Papa Ginos. These links are provided solely for your convenience and informational purposes. Papa Ginos does not endorse, monitor, or assume any responsibility for the content, privacy practices, or terms of any third-party websites. You acknowledge and agree that Papa Ginos 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 your use of or reliance on any such third-party content, goods, or services.

When you access third-party websites through links on our Website, you do so at your own risk and subject to the terms and conditions of use for such websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

8. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED BY PAPA GINOS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT 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, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES RELATING TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Papa Ginos does not warrant that any defects or errors in the Website will be corrected, or that the servers that make the Website available are free of viruses or other harmful elements. Nutritional information, allergen details, and ingredient information provided on the Website are intended for general informational purposes only and may not be completely accurate. You should consult with a qualified healthcare professional or nutritionist regarding any specific dietary needs, food allergies, or health conditions before consuming our products.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such jurisdictions, the applicable warranties will be limited to the minimum extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities;
• Loss of data or data corruption;
• Loss of goodwill or reputation;
• Personal injury or property damage not resulting from our gross negligence or willful misconduct;
• Cost of substitute goods or services;
• Any other intangible losses;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR ANY CONTENT, EVEN IF PAPA GINOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT THAT PAPA GINOS IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PAPA GINOS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of liability for certain types of damages, so some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

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

• Your use of or inability to use the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local laws or regulations;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Your negligence, misconduct, or any other harmful act or omission.

Papa Ginos reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Papa Ginos in asserting any available defenses. You may not settle any such matter without the prior written consent of Papa Ginos.

11. 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 applicable laws of the state in which Papa Ginos is registered and primarily operates, without regard to its conflict of law principles or provisions. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the arbitration provisions set forth in Section 12 of these Terms.

To the extent that any disputes are not resolved through arbitration as described in Section 12, you agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the applicable jurisdiction where Papa Ginos operates. You hereby waive any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.

These Terms and your use of the Website are also subject to applicable United States federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing consumer protection and unfair or deceptive trade practices, and applicable food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Users in California may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Papa Ginos in writing at [email protected] and provide a detailed description of your concern or dispute. Papa Ginos will use commercially reasonable efforts to resolve the dispute informally within thirty (30) days of receiving your written notice. Both parties agree to negotiate in good faith during this period.

12.2 Binding Arbitration

If a dispute cannot be resolved informally within thirty (30) days, you and Papa Ginos agree that any controversy, dispute, or claim arising out of or relating to these Terms, the Website, or our services, including questions of arbitrability, shall be resolved exclusively by binding arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND PAPA GINOS EACH AGREE THAT ANY CLAIMS AGAINST THE OTHER SHALL BE BROUGHT SOLELY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, unauthorized access to computer systems, or other irreparable harm, pending the outcome of arbitration. Nothing in this Section shall be deemed to waive Papa Ginos's right to seek collection of unpaid amounts through any available legal means.

12.5 Arbitration Fees

The allocation of arbitration fees shall be governed by the applicable rules of the arbitration organization. Papa Ginos will pay arbitration filing fees if required by the arbitration rules to make the arbitration process accessible to consumers.

13. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or any services provided by Papa Ginos. Papa Ginos reserves the right, in its sole discretion and without prior notice, to:

• Suspend or terminate your access to the Website or any of its services for any reason, including your violation of these Terms;
• Cancel any orders placed in violation of these Terms or applicable law;
• Disable or delete your account and any associated data, subject to applicable privacy laws;
• Take any other action deemed necessary to protect the integrity of the Website, other users, or Papa Ginos.

Upon termination of your access, your right to use the Website and services will immediately cease. Provisions of these Terms that by their nature should survive termination—including but not limited to intellectual property rights, disclaimers, indemnification, limitation of liability, dispute resolution, and governing law—shall survive any termination or expiration of these Terms.

You may terminate your use of the Website at any time by ceasing to access the Website and, if applicable, by requesting the deletion of your account by contacting us at [email protected].

14. Changes to These Terms

Papa Ginos reserves the right to revise, update, or modify these Terms of Service at any time and at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as sending an email notification to the address associated with your account or displaying a prominent notice on the Website.

Your continued use of the Website or any of our services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue your use of the Website and services immediately. We encourage you to review these Terms regularly to stay informed of your rights and obligations.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, invalid, or unenforceable for any reason, that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be 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 under applicable law.

In the event that any invalid or unenforceable provision is a fundamental element of the Agreement without which the parties would not have entered into it, the parties shall negotiate in good faith to replace such provision with a valid and enforceable provision that achieves the same or similar economic and legal effect.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any additional policies or agreements referenced herein, constitute the entire agreement between you and Papa Ginos regarding your use of the Website and services, and supersede all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the parties with respect to such subject matter.

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, or a waiver of any other term or condition. The failure of Papa Ginos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if given in writing and signed by an authorized representative of Papa Ginos.

17. Force Majeure

Papa Ginos shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, pandemics, epidemics, strikes or labor disputes, power outages, internet failures, government actions or regulations, acts of terrorism, or any other event beyond our reasonable control. In such circumstances, Papa Ginos will make commercially reasonable efforts to resume normal operations as quickly as possible.

18. Electronic Communications and Consent

By using the Website and providing your contact information, you consent to receive electronic communications from Papa Ginos, including order confirmations, receipts, promotional offers, policy updates, and other service-related notices. You agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

If you have opted in to receive marketing or promotional communications, you may opt out at any time by following the unsubscribe instructions included in any such communication or by contacting us directly at [email protected]. Opting out of marketing communications will not affect your receipt of transactional and service-related communications.

19. Accessibility

Papa Ginos is committed to ensuring that our Website and services are accessible to individuals with disabilities, consistent with applicable requirements under the Americans with Disabilities Act (ADA) and other applicable accessibility standards. If you experience difficulty accessing any portion of our Website, please contact us at [email protected] and we will make commercially reasonable efforts to provide you with the information or assistance you need through an alternative method.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights and obligations, or any aspect of our services, please do not hesitate to contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to ongoing orders or food safety concerns, we encourage you to reach out via email and clearly mark your message as urgent.