Terms of Service

Please read these Terms of Service carefully before using the website papaginosfood.click or any services offered by Papa Ginos. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Papa Ginos ("Company," "we," "us," or "our"), governing your access to and use of the website located at papaginosfood.click (the "Website") and all related services, features, content, and functionality offered through the Website (collectively, the "Services").

By accessing or using the Website or Services in any manner, including but not limited to browsing the Website, placing a food order, creating an account, subscribing to communications, or using any interactive features, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between the ages of 13 and 18, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Website and Services complies with all applicable federal, state, and local laws and regulations.

If you are using the Website or 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 all references to "you" shall include that entity.

These Terms are governed by the laws of the United States of America and applicable state laws. Papa Ginos reserves the right to modify these Terms at any time. Continued use of the Services after any modification constitutes your acceptance of the updated Terms.

2. Description of Services

Papa Ginos is a food service company providing customers with access to a variety of food-related products and services through our Website. Our Services include, but are not limited to, the following:

2.1 Online Food Ordering

We offer an online platform through which customers may browse our menu, customize orders, and place requests for food items for delivery, pickup, or catering purposes. Menu items are subject to availability and may change without prior notice.

2.2 Menu Information

Our Website provides detailed information about available food and beverage offerings, including descriptions, ingredients, pricing, nutritional information (where available), and allergen disclosures. While we strive to keep this information accurate and current, we make no warranties as to the completeness or accuracy of any menu information at any given time.

2.3 Customer Account Services

Customers may register for an account on the Website to manage preferences, view order history, save payment methods, and receive personalized communications. Account registration is voluntary but may be required to access certain features or benefits.

2.4 Promotions and Loyalty Programs

From time to time, Papa Ginos may offer promotional discounts, special offers, coupons, or loyalty reward programs. Such promotions are subject to their own terms and conditions and may be modified or terminated at any time at our sole discretion.

2.5 Customer Support

We provide customer support via email and other communication channels. Our team is available to assist with order inquiries, complaints, refund requests, and general information about our Services.

Papa Ginos reserves the right to modify, suspend, or discontinue any aspect of the Services at any time and without liability to you, except as otherwise provided in these Terms.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Website or to place orders, you may be required to create a user account. When creating an account, you agree to provide accurate, complete, and current information. You are solely responsible for maintaining the accuracy of your account information and for updating it as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree to notify Papa Ginos immediately at [email protected] if you become aware of any unauthorized access to or use of your account. Papa Ginos shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or otherwise acted in a manner inconsistent with our policies or applicable law.

4. User Obligations and Prohibited Activities

4.1 General User Obligations

As a condition of using our Website and Services, you agree to:

• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Provide accurate and truthful information when placing orders or creating accounts;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Papa Ginos and third parties;
• Communicate respectfully and professionally with our staff and customer support team;
• Promptly pay for all orders placed through the Website.

4.2 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal details;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts;
• Harmful Code: Uploading, transmitting, or distributing any viruses, malware, ransomware, spyware, or other harmful code or software;
• Interference: Attempting to interfere with, disrupt, or degrade the performance, integrity, or availability of the Website or Services;
• Scraping and Data Mining: Using automated tools, bots, scripts, or any other means to scrape, crawl, extract, or collect data from the Website without our express written permission;
• Impersonation: Impersonating Papa Ginos, our employees, other users, or any other person or entity;
• Defamation and Harassment: Posting or transmitting content that is defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works of any content on the Website without our express written authorization;
• Competitive Intelligence: Using the Website or Services for competitive intelligence, price monitoring, or market research without our written consent;
• Resale: Reselling, sublicensing, or otherwise commercializing any portion of the Services without prior written authorization from Papa Ginos;
• Spam: Sending unsolicited commercial communications to other users or third parties using information obtained through the Website;
• Legal Violations: Engaging in any activity that violates applicable federal, state, or local law, including the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), the CAN-SPAM Act, or any other applicable statute or regulation.

Violation of any of the above prohibited activities may result in immediate termination of your account, civil liability, and/or referral to appropriate law enforcement authorities.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and elements available on or through the Website and Services, including but not limited to text, graphics, logos, images, audio clips, video content, software, data compilations, page layouts, and the overall design and "look and feel" of the Website (collectively, "Content"), are the exclusive property of Papa Ginos or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and trade secret laws.

5.2 Trademarks

The name "Papa Ginos," the Papa Ginos logo, and all related names, logos, product names, service names, designs, and slogans are trademarks, service marks, or trade dress of Papa Ginos. You may not use any of these marks without the prior written permission of Papa Ginos. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.3 Limited License

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

• Reproduce, distribute, or publicly display any Content;
• Modify or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download any Content except as expressly authorized in writing by Papa Ginos.

5.4 User-Submitted Content

If you submit, post, or transmit any content to the Website, including reviews, comments, photographs, or feedback ("User Content"), you grant Papa Ginos a worldwide, royalty-free, irrevocable, perpetual, 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 sufficient rights to grant the above license and that your User Content does not infringe the rights of any third party.

6. Payment Terms

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes or delivery fees unless expressly stated. Applicable sales tax will be calculated and displayed at checkout based on your delivery or pickup location.

6.2 Payment Methods

Papa Ginos accepts payment through the methods displayed at checkout, which may include major credit cards, debit cards, and other approved electronic payment methods. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that the information you provide is accurate and complete.

6.3 Order Confirmation and Billing

Upon placing an order, you will receive an electronic confirmation. Your payment method will be charged at the time your order is confirmed. Papa Ginos reserves the right to cancel any order and issue a full refund if we are unable to fulfill the order due to ingredient availability, technical issues, or other circumstances beyond our control.

6.4 Refunds and Cancellations

Refund and cancellation requests are handled on a case-by-case basis and subject to our Refund Policy, which is incorporated herein by reference. To request a refund or cancel an order, please contact us at [email protected] as soon as possible. Once an order has been prepared or dispatched, cancellation may not be possible.

6.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their own specific terms and conditions and may not be combined with other offers unless expressly stated. Papa Ginos reserves the right to void any promotional code that is used in violation of applicable terms or obtained through fraudulent means.

7. Food Allergen and Dietary Information

Papa Ginos takes food safety seriously. However, our food products are prepared in facilities that may handle common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and sesame. We cannot guarantee that any menu item is entirely free from allergens. If you have severe food allergies or specific dietary requirements, we strongly encourage you to contact us directly at [email protected] before placing an order. Papa Ginos shall not be liable for any adverse reaction resulting from allergen exposure when sufficient disclosure has been provided.

8. Disclaimer of Warranties

8.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS PROVIDED BY PAPA GINOS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, 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 AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

8.2 No Warranty on Food Products

While Papa Ginos strives to maintain the highest standards of food quality and safety, we make no express or implied warranties regarding the fitness, quality, or suitability of any food product for a specific purpose beyond those required by applicable law, including the Federal Food, Drug, and Cosmetic Act and applicable state food safety regulations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE;
• DAMAGES ARISING FROM ANY FOOD PRODUCT ISSUE NOT CAUSED BY OUR DIRECT NEGLIGENCE.

EVEN IF PAPA GINOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE).

IN NO EVENT SHALL PAPA GINOS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos and its respective officers, directors, employees, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way related to:

• Your access to or use of the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any person or entity;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence or intentional misconduct;
• Any dispute between you and another user or third party.

Papa Ginos reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim involving the Indemnified Parties without the prior written consent of Papa Ginos.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Papa Ginos. These links are provided for your convenience only. Papa Ginos has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party website you visit. Your use of third-party services is at your own risk and subject to the terms of those third parties.

12. Privacy Policy

Your use of the 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 share your personal information in accordance 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) regarding unfair or deceptive data practices. By using our Services, you consent to the data practices described in our Privacy Policy.

13. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Subject to the dispute resolution provisions set forth in Section 14 below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction within the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Nothing in these Terms shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm to our intellectual property rights or business interests.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact Papa Ginos at [email protected] and provide written notice describing your claim or dispute in detail. Papa Ginos will make a good faith effort to resolve your complaint informally within thirty (30) days of receipt of notice. If the parties cannot reach a mutually satisfactory resolution within that period, either party may pursue formal dispute resolution as described below.

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, INCLUDING THE FORMATION, INTERPRETATION, BREACH, OR TERMINATION THEREOF, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), EXCEPT AS MODIFIED BY THESE TERMS.

The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with arbitration, unless the arbitrator determines that a claim was frivolous or brought in bad faith.

14.3 Class Action Waiver

TO THE FULLEST 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 IN ARBITRATION, BOTH YOU AND PAPA GINOS WAIVE ANY RIGHT TO A JURY TRIAL.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information without first engaging in arbitration or the informal dispute resolution process.

15. Term and Termination

15.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. Certain provisions of these Terms, by their nature, shall survive any termination, including but not limited to Sections 5 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution).

15.2 Termination by Papa Ginos

Papa Ginos reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Website or Services at any time, with or without cause, and with or without notice, effective immediately. Grounds for termination may include, but are not limited to, violation of these Terms, fraudulent activity, abusive behavior toward staff, or conduct that we determine to be harmful to our business, customers, or reputation.

15.3 Termination by User

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account shall not relieve you of any obligations or liabilities incurred prior to termination, including any outstanding payment obligations.

16. Changes to Terms

Papa Ginos reserves the right to modify, amend, or update these Terms at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with notice via email or a prominent notice on the Website. We may also, at our option, send you an email notification of significant changes.

Your continued access to or use of the Website or Services after any modifications have been posted constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Website and Services. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, such 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 remaining provisions of these Terms shall continue in full force and effect and shall not be affected or invalidated by the modification or severance of any such provision.

The parties agree that any invalid or unenforceable provision should be construed and enforced to the maximum extent permissible under applicable law, giving effect to the intent of the original provision as closely as possible.

18. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated herein, constitute the entire agreement between you and Papa Ginos with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No waiver by Papa Ginos of any right or provision under these Terms shall constitute a continuing waiver of such right or provision or a waiver of any other right or provision. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

19. Force Majeure

Papa Ginos shall not be liable for any delay or failure to perform its obligations under these Terms arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, acts of government, war, terrorism, labor disputes, power outages, internet service disruptions, supply chain failures, or any other event or circumstance outside of our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, Papa Ginos will make commercially reasonable efforts to resume performance as soon as practicable.

20. Electronic Communications

By using the Website or Services, you consent to receive electronic communications from Papa Ginos, including but not limited to order confirmations, receipts, notices, updates, and promotional communications. 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 fullest extent permitted by applicable law.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions included in any marketing email or by contacting us directly at [email protected]. Note that even if you opt out of promotional communications, we may still send you transactional or service-related communications.

21. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with your use of the Website and Services. This includes, without limitation, the following:

22. Accessibility

Papa Ginos is committed to making our Website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or Services, please contact us at [email protected] and we will make reasonable efforts to assist you.

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, our Services, or any other matter, please contact us using the information below:

We strive to respond to all inquiries within three (3) to five (5) business days. For urgent matters involving food safety or health concerns, please contact your local emergency services or the appropriate regulatory authority.