Terms of Service

Please read these Terms of Service carefully before using the website located at papaginos.digital or any services offered by Papa Ginos. By accessing or using our website, placing an order, or otherwise engaging 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. If you do not agree with any part of these terms, you must discontinue your use of our website and services immediately.

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 papaginos.digital (the "Site"), as well as any related online ordering platforms, mobile applications, services, content, and functionality offered by us (collectively, the "Services").

By accessing or using the Site or Services in any manner, including but not limited to browsing the Site, placing an online food order, creating an account, subscribing to promotions, or interacting with any features of the platform, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into a binding contract under applicable law;
• You are not barred from receiving services under any applicable laws of the United States or any other jurisdiction;
• You will comply with these Terms and all applicable local, state, federal, and international laws.

If you are using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

2. Description of Services

Papa Ginos is a food service business that provides customers with the ability to browse menus, place food and beverage orders online, schedule pickups or deliveries, and engage with promotional content through the Site and related platforms. Our Services include, but are not limited to:

• Online Ordering: Customers may use the Site to browse our menu offerings, customize their orders, and submit orders for pickup or delivery.
• Account Management: Users may create a personal account to save preferences, track order history, manage payment methods, and receive personalized promotions.
• Promotions and Loyalty Programs: From time to time, Papa Ginos may offer promotional deals, discount codes, coupons, or loyalty reward programs subject to additional terms and conditions.
• Customer Support: We provide customer service assistance via email and other designated communication channels to address inquiries, complaints, and feedback.
• Informational Content: The Site provides information about our menu, ingredients, nutritional data, store locations, hours of operation, and company news.

We reserve the right to modify, expand, reduce, suspend, or discontinue any aspect of our Services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

All food products offered through our Services are subject to availability. Menu items, prices, and availability may vary by location and are subject to change without prior notice. We do not guarantee that any specific menu item will be available at any given time.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to terminate or suspend your account at any time, for any reason, including but not limited to a violation of these Terms, suspected fraudulent activity, or conduct that we determine to be harmful to the Company, other users, or third parties.

You may not create more than one account without our express written permission. Accounts are non-transferable and may not be sold, assigned, or otherwise transferred to any third party.

4. User Obligations and Prohibited Activities

As a condition of your access to and use of our Services, you agree to comply with all applicable laws and regulations and to refrain from engaging in any prohibited conduct. You agree that you will use the Services only for lawful purposes and in a manner consistent with these Terms.

4.1 General Obligations

• Provide accurate and truthful information when placing orders or registering an account;
• Use the Services only for personal, non-commercial purposes, unless you have entered into a separate written agreement with Papa Ginos permitting commercial use;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Papa Ginos and third parties;
• Maintain the security of your account and promptly report any unauthorized access.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Site or Services for any fraudulent, illegal, or unauthorized purpose;
• Attempting to gain unauthorized access to any part of the Site, other users' accounts, or our servers, systems, or networks;
• Submitting false, misleading, or fraudulent orders, payment information, or personal data;
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or monitor any portion of the Site without our express written consent;
• Interfering with, disrupting, or degrading the performance of the Site or the servers and networks connected to it;
• Uploading, transmitting, or distributing any malware, viruses, ransomware, spyware, or other malicious code;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services without our express written permission;
• Using the Services to harass, abuse, defame, threaten, or otherwise harm any person;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Services;
• Circumventing, disabling, or otherwise interfering with security-related features of the Site;
• Misusing promotional codes, loyalty rewards, or discount offers in a manner inconsistent with their intended use;
• Impersonating any person or entity, or falsely claiming affiliation with any person, entity, or organization;
• Collecting or harvesting any personally identifiable information from the Site without authorization.

Any violation of the prohibited activities listed above may result in immediate termination of your account, cancellation of any pending orders, and, where appropriate, referral to law enforcement authorities. We reserve all rights and remedies available under applicable law.

5. Intellectual Property Rights

All content, materials, and information available on the Site and through our Services, including but not limited to text, graphics, logos, photographs, images, audio and video clips, digital downloads, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), are the exclusive property of Papa Ginos or its content suppliers and licensors, and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Papa Ginos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Papa Ginos or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

5.1 Limited License

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

• Reproduce, modify, distribute, publicly display, or publicly perform any Content;
• Create derivative works based on the Content;
• Use any data mining, robots, or similar data-gathering and extraction methods;
• Download or copy account information for the benefit of any third party;
• Use the Site or its Content for any commercial purpose or for any public display, commercial or non-commercial.

5.2 User-Submitted Content

If you submit, post, or transmit any content to us, including reviews, feedback, comments, photographs, or suggestions ("User Content"), you grant Papa Ginos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe on the rights of any third party.

6. Payment Terms and Pricing

When you place an order through our Site or Services, you agree to pay all charges associated with your order, including the price of food items, applicable taxes, delivery fees, service charges, and any other fees disclosed to you at the time of checkout.

6.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. We strive to maintain accurate pricing information; however, in the event of a pricing error, we reserve the right to cancel any order placed at the incorrect price and notify you accordingly. We are not obligated to fulfill orders placed at erroneous prices.

6.2 Payment Methods

We accept various payment methods as indicated at checkout, which may include major credit and debit cards, digital wallets, and other payment platforms. By providing your payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will promptly update your payment information if it changes.

6.3 Taxes

You are responsible for paying all applicable taxes, fees, and surcharges associated with your order. Sales tax will be calculated and applied based on applicable state and local tax rates for your delivery or pickup location. We collect and remit applicable sales taxes in accordance with applicable law.

6.4 Refunds and Cancellations

Order cancellations and refund eligibility are subject to our Refund Policy, which is incorporated herein by reference. In general, once an order has been confirmed and preparation has begun, cancellations may not be possible. If you believe you are entitled to a refund due to a food quality issue, incorrect order, or other valid reason, please contact us at [email protected] within a reasonable time following your order.

6.5 Promotional Codes and Offers

Promotional codes, coupons, and special offers are subject to their own terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to revoke promotional codes at any time if we suspect misuse or fraud.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS 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 SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, PRICING, OR AVAILABILITY;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nutritional information, allergen data, and ingredient lists provided on our Site are intended as general guidance only. Actual food products may vary due to ingredient substitutions, preparation methods, and cross-contamination risks. Customers with food allergies, dietary restrictions, or medical conditions should exercise caution and contact us directly before placing an order. Papa Ginos makes no warranty that any food item is free of specific allergens or suitable for any particular dietary requirement.

Third-party delivery services, if applicable, operate independently of Papa Ginos, and we make no representations or warranties regarding the performance, reliability, or conduct of such third parties.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR COMMUNICATIONS;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM ANY FOOD PRODUCTS CONSUMED OR PURCHASED THROUGH THE SERVICES, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• CONDUCT OF ANY THIRD PARTY ON THE SITE OR IN CONNECTION WITH THE SERVICES.

IN ANY CASE, PAPA GINOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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

9. Indemnification

You agree to indemnify, defend, and hold harmless Papa Ginos and its officers, directors, employees, agents, affiliates, licensors, service providers, 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 or any applicable law or regulation;
• Your use of or access to the Site or Services, including any data or content you submit, post, or transmit;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or publicity rights;
• Any dispute between you and any third party, including delivery services or payment processors;
• Any User Content you provide through the Services;
• Your gross negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Privacy Policy

Your use of the Site 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 share information about you when you use our Services. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

Papa Ginos complies with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive trade practices. If you are a California resident, you have additional rights regarding your personal information as described in our Privacy Policy.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Papa Ginos is registered or primarily operates, without regard to any conflict of law provisions.

Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to such courts on the grounds of venue, inconvenient forum, or otherwise.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution 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 attempt to resolve the dispute informally within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

12.2 Binding Arbitration

If the parties are unable to resolve a dispute informally within thirty (30) days, any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services shall be resolved by final and binding arbitration, in accordance with the rules of the American Arbitration Association (AAA), including its Consumer Arbitration Rules where applicable. The arbitration shall be conducted in English and shall take place in the United States at a location mutually agreed upon by the parties, or via remote means.

The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction. 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

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH YOU AND PAPA GINOS WAIVE ANY RIGHT TO A JURY TRIAL.

12.4 Exceptions

Notwithstanding the foregoing, nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Site or Services at any time, with or without cause, and with or without notice;
• Delete your account and any associated User Content;
• Cancel any pending orders in the event of a violation of these Terms or suspected fraudulent activity.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to access and use the Services will immediately cease. Termination does not relieve you of any obligations incurred prior to termination, including any payment obligations.

The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

14. Third-Party Links and Services

Our Site 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 service of any third-party sites or services. We do not endorse, warrant, or make any representations regarding any third-party websites or their operators.

We encourage you to review the terms of service and privacy policies of any third-party sites or services you visit. Your use of any third-party site or service is at your own risk and subject to that third party's terms and conditions.

15. Food Safety and Allergen Disclaimer

Papa Ginos takes food safety seriously and strives to maintain high standards in the preparation and handling of all food products. However, we cannot guarantee that our food products are free from allergens. Our kitchen facilities may prepare food using common allergens including, but not limited to, wheat, gluten, dairy, eggs, soy, tree nuts, peanuts, fish, shellfish, and sesame.

If you have a known food allergy, intolerance, or dietary restriction, we strongly recommend that you contact us directly at [email protected] or by phone before placing an order to discuss your specific dietary needs. By placing an order, you acknowledge and accept the inherent risks associated with consuming food products prepared in a facility that handles allergens.

16. Changes to These Terms

Papa Ginos reserves the right to modify, update, or revise these Terms at any time in its sole discretion. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page, and may additionally provide notice via email, a prominent notice on our Site, or other means as we deem appropriate.

Your continued use of the Site or Services after any such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Site and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to natural disasters, acts of God, fires, floods, pandemics, epidemics, wars, acts of terrorism, civil unrest, governmental actions, labor disputes, power outages, internet service disruptions, supply chain interruptions, or any other cause beyond our reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, our obligations shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The failure of Papa Ginos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by us in writing. A waiver on one occasion shall not be deemed a waiver of any right or remedy on any future occasion.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by Papa Ginos on the Site, constitute the entire agreement between you and Papa Ginos with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Papa Ginos regarding such subject matter.

No amendment to or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Papa Ginos, except as otherwise provided herein.

20. Electronic Communications

By using the Site and Services, you consent to receiving electronic communications from Papa Ginos, including emails, push notifications, and messages posted to your account. These communications may include notices about your account, order confirmations and updates, promotional offers, and other information related to our Services. You agree that any notices, agreements, disclosures, or other communications delivered electronically will satisfy any legal requirement that such communications be in writing.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that even after opting out of marketing communications, you may still receive transactional and account-related communications from us.

21. Compliance with the FTC Act and Consumer Protection Laws

Papa Ginos is committed to complying with the Federal Trade Commission Act (FTC Act) and all applicable federal and state consumer protection laws. We do not engage in unfair or deceptive acts or practices in or affecting commerce. All representations made on our Site regarding our products, services, prices, promotions, and other material information are intended to be truthful, accurate, and not misleading.

If you believe that Papa Ginos has engaged in any unfair or deceptive practice, please contact us at [email protected] so that we may address your concern promptly. You may also have the right to file a complaint with the Federal Trade Commission at www.ftc.gov or your applicable state attorney general's office.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our Services, please contact us using the information below:

We will make every reasonable effort to respond to your inquiry in a timely manner. For urgent matters related to food safety or health concerns, please contact your local health authority or emergency services as appropriate.