Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Pizza73 website located at pizza73-a.com (the "Website") and our pizza delivery services (collectively, the "Service"). These Terms constitute a legally binding agreement between you ("Customer", "you", or "your") and Pizza73 ("Company", "we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

To place orders, you may be required to create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your password and account
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Use License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Copy, modify, distribute, sell, or lease any part of the Service
Reverse engineer or attempt to extract the source code of the Service
Interfere with or disrupt the Service or servers connected to the Service
Use automated systems (bots, scrapers) to access the Service without permission
Impersonate any person or entity or misrepresent your affiliation
Transmit any viruses, malware, or harmful code

5. Products and Pricing

5.1 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. If a product becomes unavailable after you place an order, we will notify you and provide a refund or substitute product option.

5.2 Pricing

All prices are displayed in Canadian dollars (CAD) and are subject to change without notice. Prices include applicable taxes (GST/HST) where required by law. Delivery fees are calculated based on your location and are displayed before checkout.

5.3 Price Errors

In the event of a pricing error, we reserve the right to cancel your order and refund any payment made. We will notify you of any pricing errors as soon as possible.

6. Ordering and Payment

6.1 Order Process

When you place an order, you are making an offer to purchase products at the prices and terms stated. We reserve the right to accept or reject your order for any reason, including product availability, pricing errors, or suspected fraud.

6.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express), debit cards, and other payment methods as displayed on our website. Payment must be made at the time of order placement. All payments are processed securely through third-party payment processors.

6.3 Payment Authorization

By providing payment information, you authorize us to charge the payment method for the total amount of your order, including taxes and delivery fees. If payment cannot be processed, your order will be cancelled.

7. Delivery

7.1 Delivery Areas and Times

We deliver to locations within our service area across Canada. Delivery times are estimates and may vary based on:

Distance from our location
Traffic and weather conditions
Order volume and complexity
Time of day and day of week

We are not liable for delays caused by factors beyond our reasonable control.

7.2 Delivery Instructions

You are responsible for providing accurate delivery address and instructions. If delivery cannot be completed due to incorrect address or your unavailability, additional fees may apply for re-delivery.

7.3 Delivery Acceptance

Upon delivery, please inspect your order. If you notice any issues, contact us immediately. Acceptance of delivery constitutes acceptance of the products as delivered.

8. Cancellation Policy

Orders may be cancelled within 5 minutes of placement without penalty. After 5 minutes, orders enter preparation and cancellation may not be possible. To cancel an order, contact us immediately at +1 (416) 515-1930 or support@pizza73-a.com.

For detailed refund information, please see our Refund Policy.

9. Food Safety and Allergens

9.1 Food Safety

We follow all applicable food safety regulations and maintain proper food handling procedures. However, we cannot guarantee that our products are free from allergens or contaminants.

9.2 Allergen Information

If you have food allergies or dietary restrictions, please inform us when placing your order. While we take precautions, our kitchen handles various allergens, and cross-contamination may occur. We are not liable for allergic reactions resulting from consumption of our products.

9.3 Product Descriptions

We strive to provide accurate product descriptions and images. However, actual products may vary slightly from images due to preparation methods and ingredient availability.

10. Intellectual Property

The Service, including all content, features, functionality, logos, trademarks, and software, is owned by Pizza73 and protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written consent.

11. User Content

If you submit reviews, comments, photos, or other content ("User Content"), you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and display such content for business purposes. You represent that you own or have rights to any User Content you submit.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIZZA73 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, data, or business opportunities
Personal injury or property damage
Delays in delivery
Product quality issues (subject to our refund policy)

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the specific order giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Pizza73, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Any User Content you submit

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our Privacy Policy.

15. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service will immediately cease.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

Good Faith Negotiation: Parties agree to attempt to resolve disputes through good faith negotiation for 30 days.
Mediation: If negotiation fails, disputes shall be submitted to mediation in Quebec, Canada.
Arbitration: If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association.

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

17. Consumer Protection Rights (Quebec)

If you are a consumer in Quebec, you have certain rights under the Consumer Protection Act (Quebec). Nothing in these Terms limits your statutory consumer rights, including:

Right to cancel certain contracts within specified timeframes
Right to receive accurate product information
Right to fair treatment and non-discrimination

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by:

Posting the updated Terms on this page with a new "Last updated" date
Sending email notification to registered users (for significant changes)
Displaying a notice on our website

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Pizza73 regarding the Service and supersede all prior agreements and understandings.

21. Contact Information

If you have questions about these Terms of Service, please contact us:

Pizza73 Customer Service
5401 Bd des Galeries
Québec, QC G2K 1N4
Canada
Phone: +1 (416) 515-1930
Email: support@pizza73-a.com
Hours: Monday - Sunday, 11:00 AM - 10:00 PM EST

Last updated: January 1, 2025