Terms & Conditions

Last Updated: January 1, 2023

1. Introduction

Welcome to Salvatore Pizza ("we," "our," or "us"). These Terms and Conditions govern your access to and use of salvatorepizza.com (the "Website"), our mobile application, and the services offered through them, including ordering food for delivery or pickup (collectively, the "Services").

By accessing or using our Website, mobile application, or Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, please do not use our Website, mobile application, or Services.

2. User Eligibility

Our Services are available only to individuals who are at least 13 years old. If you are under 18, you may use our Services only with the involvement of a parent or guardian. By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to disable any user account at any time, including if we believe that you have violated these Terms and Conditions.

4. Ordering and Payment

4.1 Ordering

When you place an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order for any reason, including product unavailability, errors in product or pricing information, or problems with your payment method.

You acknowledge that we may substitute ingredients in certain products due to seasonality or availability without notice.

4.2 Delivery and Pickup

Delivery is available within our designated delivery areas, subject to minimum order requirements. Delivery times are estimates only and may vary based on order volume, weather conditions, traffic, and other factors beyond our control.

For pickup orders, you agree to collect your order at the designated location within a reasonable time after the stated pickup time. We may dispose of uncollected orders after a certain period, and you will still be charged.

4.3 Prices and Fees

All prices listed on our Website or mobile application are in US dollars and are subject to change without notice. Prices may vary between online and in-store. We may charge additional fees for delivery, service, or other aspects of your order, which will be clearly disclosed before you complete your purchase.

4.4 Payment

You agree to pay all charges incurred in connection with your order at the prices in effect when you place the order. We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent that you are authorized to use the payment method and you authorize us to charge your payment method for all orders placed.

If your payment cannot be processed, we may cancel your order or require an alternative payment method.

4.5 Promotions and Discounts

We may offer promotions, discounts, or coupons from time to time. These offers are subject to specific terms and conditions, including expiration dates and usage limitations. We reserve the right to modify or cancel any promotion at any time without notice.

5. User Conduct

You agree to use our Services only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the Services. Prohibited activities include, but are not limited to:

  • Using our Services for any illegal purpose or in violation of any local, state, national, or international law
  • Submitting false or misleading information
  • Attempting to bypass any security measures of our Website or mobile application
  • Engaging in any activity that interferes with or disrupts our Services
  • Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
  • Collecting or harvesting any personally identifiable information from our Services
  • Using our Services for any commercial purpose without our prior written consent

6. Intellectual Property Rights

Our Website, mobile application, and all content, features, and functionality thereof (including but not limited to text, graphics, logos, images, videos, and software) are owned by Salvatore Pizza, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or mobile application, except as follows:

  • You may store copies of such materials temporarily in your computer's cache and RAM
  • You may store files that are automatically downloaded to your device for your personal, non-commercial viewing
  • You may print or download one copy of a reasonable number of pages for your personal, non-commercial use

You must not:

  • Modify copies of any materials from our Services
  • Use any illustrations, photographs, videos, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary notices from any materials
  • Access or use any part of our Services for any commercial purposes

7. User Contributions

Our Services may contain features that allow users to post reviews, comments, or other content. Any content you post will be considered non-confidential and non-proprietary. By providing any content, you grant us and our affiliates a perpetual, worldwide, non-exclusive, royalty-free, transferable right to use, reproduce, modify, publish, distribute, and display such content.

You represent and warrant that:

  • You own or control all rights to the content you post
  • All content is accurate and does not violate these Terms and Conditions
  • Your content does not violate the rights of any third party

We have the right to remove any content that, in our judgment, violates these Terms and Conditions or is otherwise objectionable.

8. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Salvatore Pizza. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such website or service.

9. Warranty Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SALVATORE PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH OUR SERVICES.

WE MAKE NO WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD OR PRODUCTS ORDERED THROUGH OUR SERVICES. YOU ACKNOWLEDGE THAT FOOD PREPARATION INVOLVES RISKS OF CONTAMINATION OR SPOILAGE AND MAY CAUSE ILLNESS OR INJURY IF NOT HANDLED PROPERLY.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALVATORE PIZZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO SALVATORE PIZZA FOR ORDERS PLACED THROUGH OUR SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Salvatore Pizza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of our Services.

12. Governing Law and Jurisdiction

These Terms and Conditions and your use of our Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions, including their breach, termination, or validity, shall be resolved through the following process:

  1. Informal Resolution: Before initiating any formal legal proceeding, you agree to contact us at legal@salvatorepizza.com and attempt to resolve the dispute informally.
  2. Arbitration: If the dispute cannot be resolved informally within 30 days, either party may initiate binding arbitration. The arbitration shall be conducted through JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration will take place in San Francisco, California, unless we both agree to another location. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
  3. Class Action Waiver: You agree to resolve any disputes with us on an individual basis, and you waive the right to participate in any class, consolidated, or representative action or proceeding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Changes to Terms and Conditions

We may revise these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when posted, and they apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.

We will notify you of any material changes by posting a notice on our Website or through other appropriate means. It is your responsibility to check these Terms and Conditions periodically for changes.

15. Termination

We may terminate or suspend your access to all or part of our Services, including your account, without notice or liability, for any reason, including if you violate these Terms and Conditions.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms and Conditions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Miscellaneous

Entire Agreement: These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Salvatore Pizza regarding our Services.

Waiver: No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Assignment: You may not assign these Terms and Conditions or your rights and obligations under them without our prior written consent. We may assign these Terms and Conditions at any time without notice.

Force Majeure: We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including acts of God, natural disasters, pandemic, epidemic, labor disputes, civil commotion, or governmental actions.

17. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Salvatore Pizza
834 Lehner Ferry, New Aileenfurt, NS K8L 1E7
Email: legal@salvatorepizza.com
Phone: +1 (740) 728-6276