Terms & Conditions

Last Updated: June 1, 2024

1. Introduction

Welcome to Pizzaville. These Terms and Conditions ("Terms") govern your use of the Pizzaville website (https://pizzaville.ca), mobile application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree with any part of these Terms, you must not use our Services.

We may modify these Terms at any time. The most current version will be posted on our website with the effective date. Your continued use of our Services after any changes indicates your acceptance of the modified Terms.

2. Eligibility and Account Registration

Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have the consent of a parent or legal guardian to use our Services and to accept these Terms.

Account Creation

To place orders and access certain features of our Services, you may need to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

Account Termination

We reserve the right to terminate or suspend your account at any time, with or without cause and with or without notice, for conduct that we determine violates these Terms, is harmful to other users, or is harmful to Pizzaville's business interests.

3. Ordering and Payment

Placing Orders

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 but not limited to:

  • Product availability
  • Errors in product or pricing information
  • Issues with your account or payment method
  • Your delivery address being outside our delivery area

Once we accept your order, we will send you an order confirmation via email or through our app.

Prices and Payment

All prices are shown in Canadian dollars and include applicable taxes. Delivery fees, where applicable, will be clearly indicated before you complete your order.

We accept various payment methods as indicated on our website or app. By providing a payment method, you represent that you are authorized to use the payment method and that the information you provide is accurate.

We reserve the right to change our prices at any time without notice. However, we will not change the price of an order once it has been confirmed.

Promotional Offers

We may offer promotions, discounts, or special deals from time to time. These offers:

  • May be subject to additional terms and conditions
  • Cannot be combined with other promotions unless specifically stated
  • May be withdrawn or modified at any time without notice
  • May have expiration dates or limited availability

4. Delivery and Collection

Delivery Service

For delivery orders, please note:

  • We deliver within specified areas around each Pizzaville location
  • Delivery times are estimates and may be affected by factors beyond our control (e.g., weather, traffic)
  • You must provide accurate delivery information, including any special instructions for finding your location
  • Someone must be present at the delivery address to receive the order
  • Our delivery personnel may require proof of age for orders containing age-restricted items

Collection (Pickup) Service

For collection (pickup) orders, please note:

  • You must collect your order from the Pizzaville location you selected
  • Your order will be held for a maximum of 30 minutes after the estimated pickup time
  • You may need to present proof of your order (e.g., order number, confirmation email)
  • Proof of age may be required for orders containing age-restricted items

5. User Conduct

When using our Services, you agree not to:

  • Use our Services for any illegal purpose or in violation of any local, provincial, federal, or international law
  • Harass, abuse, or harm another person, or promote violence or discrimination
  • Impersonate any person or entity or falsely state your affiliation with a person or entity
  • Interfere with or disrupt our Services or servers or networks connected to our Services
  • Attempt to gain unauthorized access to any portion of our Services or any other accounts, computer systems, or networks connected to our Services
  • Use any robot, spider, site search/retrieval application, or other automated device to retrieve or index any portion of our Services
  • Post or transmit any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable
  • Attempt to reverse engineer, decompile, disassemble, or hack any aspect of our Services
  • Create multiple accounts for disruptive or abusive purposes
  • Use our Services in any way that could damage, disable, overburden, or impair our Services

6. Intellectual Property Rights

Our Intellectual Property

All content included on our website and in our Services, such as text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Pizzaville or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

The Pizzaville name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizzaville or our affiliates. You may not use these marks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of our Services or content
  • Any collection and use of product listings, descriptions, or prices
  • Any derivative use of our Services or content
  • Any downloading or copying of account information for the benefit of another merchant
  • Any use of data mining, robots, or similar data gathering and extraction tools

User Content

If you post, upload, or submit any content on our Services (such as reviews, comments, or feedback), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content you post and that your content does not violate these Terms or any applicable law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Pizzaville and our directors, employees, agents, suppliers, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses
  • Any damages arising from your use of or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to Pizzaville in the last six (6) months, or, if greater, one hundred Canadian dollars (CAD $100).

These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

8. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. Pizzaville and our affiliates, suppliers, and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that:

  • Our Services will meet your requirements
  • Our Services will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of our Services will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained through our Services will meet your expectations

Any material downloaded or otherwise obtained through our Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Pizzaville or through our Services shall create any warranty not expressly stated in these Terms.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizzaville, our affiliates, licensors, and service providers, and our 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
  • Your use of our Services
  • Your content posted to our Services
  • Your violation of any third party's rights, including but not limited to intellectual property rights, privacy rights, or publicity rights

10. Disputes and Governing Law

Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall be resolved as follows:

  1. We encourage you to contact us first to seek an informal resolution by emailing [email protected]
  2. If the dispute cannot be resolved informally, both parties agree to attempt in good faith to resolve the dispute through mediation in Ontario, Canada, using a mutually agreed-upon mediator
  3. If mediation is unsuccessful, any legal action or proceeding shall be brought exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction of such courts

You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes to our practices, Services, or for other operational, legal, or regulatory reasons. The most current version will always be posted on our website with the effective date.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using our Services.

For material changes to these Terms, we will make reasonable efforts to notify you, such as by displaying a prominent notice on our website or by sending you an email.

12. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Pizzaville regarding your use of our Services.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Pizzaville.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Contact Information

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

Pizzaville Legal Department
954 Reid Row West
Lisaland, NW1 6AB
Canada

Email: [email protected]
Phone: +443130061995