Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at punchcafepizza.rest (the "Website") or any services offered by Punch Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our 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 accessing, browsing, or using the Website at punchcafepizza.rest, or by placing an order for food, beverages, or any other products or services offered by Punch Pizza, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. This Agreement constitutes a legally binding contract between you ("User," "Customer," or "you") and Punch Pizza.

These Terms apply to all visitors, users, customers, and others who access or use our services, including but not limited to online orders, in-store purchases, catering requests, loyalty programs, and any other interactions with our Website or business operations. If you are accessing or using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

We reserve the right to modify, amend, or update these Terms at any time. Continued use of the Website or our services following the posting of updated Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Punch Pizza is a food service business operating in the United States. We offer a variety of food and beverage products, including but not limited to:

• Freshly prepared pizzas, including specialty, classic, and custom-built options
• Café-style beverages including coffee, espresso drinks, teas, and other non-alcoholic beverages
• Appetizers, salads, sides, and desserts
• Catering services for events, parties, and corporate gatherings
• Online ordering and delivery services (where available)
• In-store dine-in and carry-out options
• Loyalty programs and promotional offers
• Gift cards and merchandise

Our Website, punchcafepizza.rest, serves as an informational and transactional platform through which customers may browse our menu, place orders, manage accounts, redeem rewards, and interact with Punch Pizza. The availability of specific products, services, menu items, or features may vary based on location, time, or other operational factors. We reserve the right to modify, suspend, or discontinue any service or menu item at any time without prior notice.

All food items are prepared in a commercial kitchen environment. We make reasonable efforts to accommodate dietary restrictions and allergen concerns; however, we cannot guarantee that any menu item is completely free from allergens, including but not limited to gluten, nuts, dairy, eggs, soy, or shellfish. Customers with severe food allergies are encouraged to contact us directly before placing an order.

3. Eligibility and User Obligations

3.1 Eligibility

To use our Website and services, you must be at least thirteen (13) years of age. If you are under the age of eighteen (18), you must have parental or legal guardian consent before using our services or making any purchases. By using our Website, you represent and warrant that you meet the applicable age requirements and that all information you provide is accurate, current, and complete.

3.2 Account Registration

Certain features of our Website, including online ordering, loyalty program participation, and order history, may require you to create an account. When creating an account, you agree to:

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

We reserve the right to suspend or terminate your account at our sole discretion if we believe that the information provided is inaccurate, incomplete, or fraudulent, or if you have violated any provision of these Terms.

3.3 User Obligations

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

• Use our Website and services only for lawful purposes and in accordance with these Terms
• Provide accurate and complete information when placing orders, including delivery addresses, contact details, and payment information
• Honor all orders placed through our Website and pay all associated fees and charges in a timely manner
• Treat our staff, employees, and representatives with respect and courtesy
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services
• Not engage in any conduct that is harmful, disruptive, or detrimental to Punch Pizza, its employees, or other customers

4. Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of our Website or services:

• Fraudulent Orders: Placing orders with no intent to pay, using stolen payment credentials, or engaging in any form of payment fraud or chargeback abuse
• Misrepresentation: Providing false, misleading, or inaccurate information in connection with your account, orders, or communications with us
• Unauthorized Access: Attempting to gain unauthorized access to our Website, servers, databases, or computer systems, including through hacking, phishing, or other malicious means
• Scraping and Data Mining: Using automated tools, bots, scrapers, or other means to extract data from our Website without our express written permission
• Interference: Uploading or transmitting viruses, malware, or other harmful code that may impair the functionality of our Website or services
• Infringement: Using our Website in a way that infringes upon the intellectual property rights of Punch Pizza or any third party
• Harassment: Harassing, threatening, or intimidating our employees, staff, or other customers
• Unlawful Use: Using our Website or services in violation of any applicable federal, state, or local law, regulation, or ordinance
• Commercial Exploitation: Reselling, redistributing, or commercially exploiting any products, services, or content obtained through our Website without prior written authorization
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying architecture of our Website
• Impersonation: Impersonating any person or entity, including Punch Pizza employees or representatives
• Spam: Sending unsolicited communications, promotions, or advertising through our Website or using our contact information

Violation of any prohibited activity may result in immediate termination of your account, refusal of service, and may subject you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state laws.

5. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, videos, audio clips, button icons, data compilations, software, menu designs, recipes, branding elements, and the overall look and feel of the Website — are the exclusive property of Punch Pizza or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Punch Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Punch Pizza or its affiliates. You may 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.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes in accordance with these Terms. This license does not include:

• The right to modify or create derivative works based on our Website or its content
• The right to use data mining, robots, or similar data gathering or extraction tools
• The right to download or copy account information for the benefit of another merchant
• Any resale or commercial use of our Website or its contents
• Any collection and use of any product listings, descriptions, or prices

Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action. If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected].

6. Ordering and Payment Terms

6.1 Order Placement

By placing an order through our Website or in-store, you are making an offer to purchase the specified products or services at the stated prices. We reserve the right to accept or decline any order at our sole discretion. Order confirmation does not constitute final acceptance until we confirm availability and process your payment.

All prices listed on our Website or menu are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel or adjust your order and notify you accordingly.

6.2 Payment Methods

We accept various payment methods, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets (such as Apple Pay or Google Pay), cash for in-store purchases, and gift cards issued by Punch Pizza. By providing payment information, you represent and warrant that you are authorized to use the selected payment method and that the information is accurate and complete.

6.3 Taxes and Fees

All applicable sales taxes, service fees, delivery fees, and other charges will be disclosed at checkout and added to your total order amount. Tax rates are calculated based on applicable federal, state, and local tax laws at the time of purchase. Delivery fees and service charges are non-refundable unless the order is cancelled in accordance with our cancellation policy.

6.4 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 believe there is an error with your order or that a product was defective or not as described, please contact us immediately at [email protected]. We will review each request on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion. Refunds, if approved, will be processed to the original payment method within five to ten (5–10) business days.

6.5 Catering Orders

Catering orders may be subject to separate terms and agreements, including deposit requirements, cancellation policies, and minimum order quantities. Please contact us directly for catering-specific terms and conditions.

7. Disclaimers

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

PUNCH PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER 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 CURRENTNESS OF ANY CONTENT ON THE WEBSITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES RELATED TO FOOD ALLERGENS, NUTRITIONAL CONTENT, OR DIETARY SUITABILITY, BEYOND WHAT IS EXPRESSLY STATED ON OUR MENU

We do not warrant or make any representations regarding the results that may be obtained from using our Website or services, or regarding the accuracy or reliability of any information obtained through our Website. Any content downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities
• Personal injury or property damage arising out of or related to your use of our services
• Unauthorized access to or alteration of your personal information or data
• Any bugs, viruses, or other harmful code transmitted to or through our Website
• Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through our Website
• Any delays, interruptions, or cessation of our services

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PUNCH PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

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

• Your violation of these Terms of Service
• Your use or misuse of the Website or our services
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your violation of any applicable federal, state, or local law or regulation
• Any content you submit, post, or transmit through our Website
• Your fraud, misrepresentation, or willful misconduct
• Any dispute between you and another user or third party

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

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or relating to these Terms or their subject matter or formation (including non-contractual disputes or claims) 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 Punch Pizza principally operates, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Punch Pizza agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for users located within the United States. We make no representation that the Website or its contents are appropriate or available for use in other locations. If you access our services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

This Agreement is subject to compliance with all applicable federal laws, including but not limited to 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), and other applicable federal and state consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") by contacting Punch Pizza directly at [email protected]. We will make good faith efforts to resolve Disputes informally within thirty (30) days of receiving notice of the Dispute.

11.2 Binding Arbitration

If a Dispute cannot be resolved informally within the thirty (30) day period, both parties agree that any unresolved Dispute shall be submitted to and resolved by binding arbitration administered by 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.

The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law. The arbitrator's award shall be in writing and shall include findings of fact and conclusions of law. The parties shall share equally in the costs of the arbitration, except that each party shall bear its own attorneys' fees and costs unless the arbitrator determines otherwise.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, COLLECTIVE, OR REPRESENTATIVE ACTION. 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.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Nothing in this section shall be deemed a waiver of any rights or remedies available under applicable law.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of our Website or services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Engaging in fraudulent, abusive, or unlawful conduct
• Non-payment of amounts owed
• Actions that may cause legal liability for Punch Pizza or harm to other users or third parties
• Requests by law enforcement or government authorities
• Discontinuation or material modification of our services

Upon termination of your account or access to our services, your right to use the Website and services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

You may also terminate your relationship with Punch Pizza at any time by ceasing to use our Website and services and, if applicable, closing your account. Termination of your account will not relieve you of any obligations to pay outstanding amounts owed to Punch Pizza.

13. Changes to Terms

We reserve the right to modify, revise, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by notifying you via email at the address associated with your account or by posting a prominent notice on our Website.

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

We may also, at our discretion, provide notice of changes by email or other electronic communication. However, failure to send such notice does not affect the validity or enforceability of the revised Terms.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Punch Pizza. These links are provided for your convenience and informational purposes 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. We do not warrant or make any representations regarding the accuracy or reliability of any third-party content.

We encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit. Inclusion of any link on our Website does not imply endorsement by Punch Pizza of the linked site or any association with its operators. You access any third-party websites or services at your own risk.

15. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in compliance with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) where applicable, and the Federal Trade Commission's regulations on privacy and data security.

By using our Website and services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you have questions about our privacy practices, please contact us at [email protected].

16. Force Majeure

Punch Pizza shall not be liable for any delay or failure to perform its obligations 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, pandemics, epidemics, government actions or restrictions, labor strikes, supply chain disruptions, power outages, internet failures, terrorism, civil unrest, or any other event that is outside our reasonable control. In the event of a force majeure event, we will make reasonable efforts to resume performance as soon as practicable.

17. Entire Agreement

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 concerning your use of the Website and services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

Any failure by Punch Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

18. Severability

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

The parties agree that a court or arbitrator should endeavor to give effect to the parties' intentions as reflected in any provision held invalid or unenforceable, and the remaining provisions of these Terms shall be construed in a manner consistent with those intentions.

19. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Punch Pizza. Any attempted assignment in violation of this provision shall be null and void. Punch Pizza may freely assign these Terms or any rights or obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

20. Electronic Communications

By using our Website or services, you consent to receive communications from us electronically. We may communicate with you via email, push notifications, or by posting notices on our Website. 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, 15 U.S.C. § 7001 et seq.).

21. Accessibility

Punch Pizza is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing content on our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or services, please reach out to us using the following information:

We endeavor to respond to all inquiries within two (2) to five (5) business days. For urgent matters, including food safety concerns or order issues, please contact us immediately using the information provided above.