Terms of Service

1. Introduction and Acceptance

Welcome to toppers pizza ("Company", "we", "us", "our"). These Terms of Service ("Terms", "Agreement") govern your use of our website located at topper-pizza.world and our food delivery services operated by toppers pizza.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms constitute a legally binding agreement between you and toppers pizza.

1.1 Eligibility Requirements

You must be at least 18 years old to use our services. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into this Agreement
• You will provide accurate and complete information when creating an account
• You will maintain the security of your account credentials

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

1.3 Updates to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms of Service:

• "Company" (referred to as "we", "us", "our") refers to toppers pizza, located at 265 Elizabeth St, New York, NY 10012, USA.
• "You", "User", "Customer" refers to the individual or entity accessing or using the Service.
• "Service" refers to the website, mobile application, food delivery services, and any related services provided by the Company.
• "Content" refers to text, graphics, images, music, software, audio, video, information, and other materials.
• "Website" refers to topper-pizza.world and all associated subdomains.
• "Order" refers to a request for food items or services placed through our platform.
• "Delivery Zone" refers to the geographical areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Service for personal, non-commercial purposes in compliance with these Terms and all applicable laws. Specifically, you may:

• Browse our menu and place food orders
• Create an account to track orders and save preferences
• Provide feedback and reviews about our services
• Contact customer support for assistance
• Access nutritional and allergen information

3.2 Prohibited Use

You agree not to use the Service for any of the following prohibited activities:

• Illegal Activities: Using the Service for any unlawful purpose or in violation of any applicable laws
• Harmful Behavior: Transmitting viruses, malware, or any other malicious code
• Unauthorized Access: Attempting to gain unauthorized access to our systems or other users' accounts
• Intellectual Property Violations: Infringing on copyrights, trademarks, or other intellectual property rights
• Spam or Unsolicited Communications: Sending unwanted messages or promotional materials
• False Information: Providing false, inaccurate, or misleading information
• System Interference: Interfering with or disrupting the Service or servers
• Commercial Exploitation: Using the Service for commercial purposes without written consent

4. User Accounts

4.1 Registration Requirements

To access certain features of our Service, you must create an account. When creating an account, you must provide accurate and complete information including:

• Full name
• Valid email address
• Contact phone number
• Delivery address
• Payment information

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring your account information remains current and accurate

4.3 One Account Per Person

Each person may maintain only one active account. Creating multiple accounts may result in suspension or termination of all accounts.

4.4 Account Termination

We reserve the right to terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion.

5. Products and Services

5.1 Food Safety and Hygiene Standards

We comply with all applicable food safety regulations and maintain high hygiene standards. Our kitchen facilities are regularly inspected and certified by local health authorities. All food preparation follows established safety protocols.

5.2 Allergen Information and Disclaimers

We provide allergen information for our menu items, but cannot guarantee that any item is completely free from allergens due to potential cross-contamination in our kitchen. If you have severe allergies, please consult with our staff before ordering. Common allergens in our kitchen include:

• Gluten and wheat products
• Dairy products
• Nuts and tree nuts
• Shellfish and seafood
• Eggs
• Soy products

5.3 Product Descriptions and Accuracy

We strive to provide accurate descriptions of our menu items, including ingredients, portion sizes, and nutritional information. However, recipes may change, and we cannot guarantee complete accuracy of all product descriptions.

5.4 Pricing and Availability

All prices are displayed in USD and include applicable taxes unless otherwise stated. Delivery fees and service charges are additional. Prices and availability are subject to change without notice. We reserve the right to discontinue any menu item at any time.

5.5 Delivery Terms and Timing

Delivery services are available within our designated delivery zones during operating hours. Standard delivery times are estimated and may vary based on:

• Order volume and kitchen capacity
• Weather conditions
• Traffic conditions
• Distance from our location
• Special events or holidays

5.6 Delivery Zone Restrictions

Delivery is available only within our designated delivery zones. We may refuse delivery to certain areas for safety or practical reasons. Delivery zones and times may change without notice.

5.7 Minimum Order Requirements

A minimum order value may apply for delivery orders. This requirement varies by location and is displayed during the ordering process.

5.8 Order Acceptance and Cancellation

All orders are subject to acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Unavailable ingredients or menu items
• Delivery outside our service area
• Suspected fraudulent activity
• Kitchen capacity limitations

5.9 Order Modification Policy

Orders may be modified or cancelled within 5 minutes of placement. After this time, modifications may not be possible if preparation has begun. Contact us immediately if you need to modify an order.

5.10 Food Quality Guarantee

We are committed to providing fresh, high-quality food. If you are not satisfied with your order, please contact us within 30 minutes of delivery for resolution.

5.11 Temperature-Sensitive Items

We take special care with temperature-sensitive items including:

• Hot foods are kept at safe temperatures during transport
• Cold items are maintained with appropriate cooling
• Frozen desserts are packed with dry ice when necessary

5.12 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and digital payment methods. All payments are processed securely through certified payment providers.

5.13 Returns and Refunds

Due to the nature of food products, we do not accept returns. Refund policies are detailed in our separate Refund Policy document available at refund.html.

6. Intellectual Property

6.1 Company Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of toppers pizza and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Service for personal, non-commercial purposes in accordance with these Terms.

6.3 User Content License

By posting content to our Service (such as reviews or comments), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content.

6.4 Copyright Infringement Reporting

We respect intellectual property rights. If you believe content on our Service infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Service. This includes reviews, comments, photos, and any other materials.

7.2 License Grant to Company

By submitting content, you grant toppers pizza a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

7.3 Prohibited Content

You agree not to submit content that:

• Is unlawful, harmful, threatening, abusive, or offensive
• Infringes intellectual property rights
• Contains false or misleading information
• Violates privacy rights
• Contains spam or promotional material
• Is sexually explicit or inappropriate

7.4 Right to Remove Content

We reserve the right to remove, edit, or reject any user content at our sole discretion without notice.

7.5 No Endorsement

User content does not represent our views or opinions. We do not endorse any user content or any opinion, recommendation, or advice expressed therein.

8. Disclaimers

8.1 'As Is' Service Provision

The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Warranty of Uninterrupted Service

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that any errors will be corrected or that the Service will be available at all times.

8.3 Third-Party Content Disclaimer

Any third-party content, links, or services accessible through our platform are not under our control, and we are not responsible for such content or services.

8.4 Professional Advice Disclaimer

Information provided through our Service is for general informational purposes only and should not be considered professional advice. Consult appropriate professionals for specific dietary, health, or nutrition advice.

9. Limitation of Liability

9.1 Maximum Liability Limits

In no event shall toppers pizza, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, or other intangible losses, resulting from your use of the Service.

9.2 Excluded Damages

Our liability shall not exceed the amount paid by you for the specific order or service that gave rise to the claim, and in no case shall exceed $100.

9.3 Essential Purpose Failure

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

9.4 Jurisdictional Variations

These limitations will apply to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless toppers pizza and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

10.1 Defense and Settlement Rights

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

10.2 Survival of Indemnification

This indemnification obligation will survive these Terms and your use of the Service.

11. Third-Party Links and Services

11.1 No Responsibility for Third Parties

Our Service may contain links to third-party websites or services that are not owned or controlled by toppers pizza. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

11.2 Third-Party Terms Apply

Your interactions with third-party services are governed by their respective terms and privacy policies.

11.3 No Endorsement

We do not endorse or recommend any third-party websites, services, or content that may be accessible through our Service.

12. Termination

12.1 Company Right to Terminate

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever including but not limited to a breach of the Terms.

12.2 User Right to Terminate

You may terminate your account at any time by contacting us or through your account settings.

12.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

12.4 Survival of Provisions

All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

Any disputes arising out of or relating to these Terms or the Service shall first be addressed through good faith negotiations. If informal resolution is not possible, disputes shall be resolved through binding arbitration.

13.3 Arbitration Clause

Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

13.4 Class Action Waiver

You agree that any arbitration shall be limited to the dispute between us and you individually. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

13.5 Jurisdiction and Venue

For any matters not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in New York, New York.

14. Changes to Terms

14.1 Right to Modify

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

14.2 Notification of Changes

If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect through email notification or prominent website notice.

14.3 Continued Use Equals Acceptance

Your continued use of the Service after any such changes constitutes acceptance of the new Terms.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and toppers pizza regarding the use of the Service and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign our rights under these Terms without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information