Terms of Service

1. Introduction and Acceptance

Welcome to Imos Pizza ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at imospizza.digital (the "Website"), our mobile applications, and all related services, features, content, and products offered by Imos Pizza (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Refund Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding agreement;
• Not be prohibited from using our Services under applicable laws;
• Provide accurate, current, and complete information during registration or ordering.

If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall include both you individually and such entity.

1.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this section.

1.3 Updates to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting on our Website with an updated "Last Updated" date. Your continued use of our Services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "We," "Us," "Our," or "Company" refers to Imos Pizza, including its affiliates, subsidiaries, officers, directors, employees, agents, and assigns, operating from 808 Bienville St, New Orleans, LA 70112, USA.
• "You," "Your," or "User" refers to any individual or entity that accesses, browses, or uses our Services, whether registered or unregistered.
• "Services" refers to all products, services, features, content, applications, and functionality offered by Imos Pizza through our Website, mobile applications, in-store services, delivery services, catering services, and any other medium.
• "Content" means all text, images, photographs, graphics, logos, icons, audio clips, video clips, data compilations, software, and any other materials available through our Services.
• "Website" refers to our online platform accessible at imospizza.digital and all associated subdomains and pages.
• "Order" means any request placed by you for food, beverages, or other products through our Services.
• "Delivery Zone" refers to the geographic areas where we provide delivery services, as determined by us in our sole discretion.
• "User Content" means any content, including but not limited to reviews, comments, photographs, and other materials that you submit, post, or transmit through our Services.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. You agree to use our Services only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

• Use our Services only for personal consumption or legitimate business purposes such as corporate catering;
• Provide accurate, current, and complete information when placing orders or creating accounts;
• Comply with all applicable local, state, national, and international laws and regulations;
• Respect the rights and dignity of our employees, delivery personnel, and other users;
• Use our Services in a manner that does not interfere with or disrupt our operations or the experience of other users.

3.2 Prohibited Use

You expressly agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using our Services for any purpose that is unlawful, fraudulent, or harmful, including but not limited to money laundering, tax evasion, or any other illegal activity;
• Harmful Behavior: Harassing, threatening, intimidating, or bullying our employees, delivery personnel, or other users;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, networks, or any accounts belonging to other users;
• Intellectual Property Violations: Copying, modifying, distributing, selling, or leasing any part of our Services or Content without our express written permission;
• Spam and Unsolicited Communications: Sending unsolicited promotional materials, spam, or bulk communications through our Services;
• False Information: Providing false, misleading, or inaccurate information, including but not limited to fake reviews, false identities, or fraudulent payment information;
• System Interference: Uploading viruses, malware, or any other malicious code; using automated scripts, bots, or scraping tools; or taking any action that could disable, overburden, or impair our Services;
• Circumvention: Attempting to bypass, disable, or circumvent any security features, access controls, or technological measures designed to protect our Services;
• Commercial Exploitation: Reselling our products for commercial purposes without express written authorization;
• Fraudulent Orders: Placing orders with no intention of paying or accepting delivery, or using stolen payment information.

4. User Accounts

4.1 Registration Requirements

While some features of our Services may be accessible without registration, certain features, including the ability to place orders, track deliveries, access order history, and earn loyalty rewards, require you to create an account. When registering for an account, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your account information to keep it accurate and current;
• Choose a strong, unique password and not share it with any third party;
• Immediately notify us of any unauthorized access to your account.

4.2 Account Security

You are responsible for safeguarding the password and any other credentials used to access your account. You must not disclose your password to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account or our Services using your username, password, or other security information. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

4.3 One Account Per Person

Each user may maintain only one account. Creating multiple accounts to abuse promotions, circumvent restrictions, or for any other purpose is strictly prohibited and may result in the termination of all associated accounts.

4.4 Account Termination Rights

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, non-payment, abuse of our systems or personnel, or any other conduct we deem harmful to our business or other users. You may also request to delete your account at any time by contacting us at [email protected].

5. Food Orders and Delivery

5.1 Order Placement and Acceptance

When you place an order through our Services, you are making an offer to purchase the selected items. We reserve the right to accept or reject any order in our sole discretion. An order is not accepted until we send you an order confirmation. We may cancel orders after confirmation if:

• The product is unavailable or out of stock;
• There is an error in the price or product description;
• We are unable to process your payment;
• We suspect fraudulent activity;
• Your delivery address is outside our service area.

5.2 Order Modification and Cancellation

You may modify or cancel your order within five (5) minutes of placing it, provided that preparation has not yet begun. After this window, modifications or cancellations may not be possible as food preparation typically begins immediately. To request a modification or cancellation, please contact us immediately at +1 504-581-3467. Refunds for cancelled orders will be processed in accordance with our Refund Policy.

5.3 Minimum Order Requirements

We may establish minimum order amounts for delivery orders, which may vary based on your location and current promotions. The minimum order amount will be clearly displayed before you complete your order. Orders that do not meet the minimum may be subject to a small order fee or may require pickup.

5.4 Delivery Terms and Timing

Delivery times provided are estimates only and are not guaranteed. While we strive to deliver your order within the estimated timeframe, actual delivery times may vary based on:

• Order volume and kitchen capacity;
• Distance to your delivery address;
• Traffic conditions and road closures;
• Weather conditions;
• Availability of delivery personnel.

We are not responsible for delays caused by factors beyond our reasonable control. If a significant delay occurs, we will make reasonable efforts to notify you.

5.5 Delivery Zone Restrictions

Our delivery services are available only within designated delivery zones, which are determined based on distance from our locations and operational capacity. Delivery availability and fees may vary by location. You can check if your address is within our delivery zone by entering it on our Website or contacting us directly.

5.6 Delivery Instructions

You are responsible for providing accurate delivery information, including address, apartment/suite number, gate codes, and any special instructions. We are not responsible for failed deliveries resulting from incorrect or incomplete delivery information. If our delivery personnel cannot locate or access your delivery location after reasonable attempts, we may leave the order in a safe location or the order may be cancelled.

6. Products and Services

6.1 Product Descriptions and Accuracy

We make reasonable efforts to accurately display and describe our products on our Website, including photographs, ingredients, and nutritional information. However, we do not warrant that product descriptions, photographs, or other content on our Website are accurate, complete, reliable, current, or error-free. Photographs are for illustrative purposes only, and actual products may vary in appearance.

6.2 Pricing and Availability

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include delivery fees, taxes, or gratuities unless otherwise stated. We reserve the right to modify prices at any time. In the event of a pricing error, we will notify you and give you the option to proceed with the correct price or cancel your order.

Product availability may vary by location and is subject to change. We reserve the right to limit quantities and to discontinue products at any time without notice.

6.3 Payment Terms

We accept various forms of payment as displayed at checkout. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method;
• The payment information you provide is accurate and complete;
• You will pay all charges incurred at the prices in effect when such charges are incurred, including applicable taxes and fees.

We may use third-party payment processors to facilitate transactions. Your use of such services is subject to the terms and privacy policies of those third parties.

6.4 Returns and Refunds

Due to the perishable nature of food products, we generally do not accept returns. However, if you are unsatisfied with your order due to quality issues, incorrect items, or other problems, please contact us within twenty-four (24) hours of delivery. We will work with you to resolve the issue, which may include remaking your order, providing store credit, or issuing a refund at our discretion. Please refer to our Refund Policy for complete details.

7. Food Safety and Allergens

7.2 Temperature-Sensitive Items

Our food products are prepared fresh and are temperature-sensitive. Upon delivery, please:

• Consume hot items promptly for the best taste and quality;
• Refrigerate any items not consumed immediately;
• Follow any specific storage instructions provided with your order;
• Not consume items that have been left at room temperature for extended periods.

We are not responsible for food quality or safety issues that arise from improper handling or storage after delivery.

7.3 Allergen Information Disclaimer

While we make efforts to provide allergen information and accommodate dietary restrictions, we cannot guarantee that any menu item is completely free of allergens. If you have a food allergy or sensitivity, you must:

• Inform us of your allergy when placing your order;
• Review allergen information carefully before ordering;
• Understand that cross-contamination is possible;
• Make your own decision about whether to consume our products based on your individual sensitivity.

We expressly disclaim any liability for allergic reactions or adverse health effects resulting from consumption of our products. Individuals with severe allergies should exercise extreme caution and consult with their healthcare provider before consuming our products.

7.4 Food Quality Guarantee

We stand behind the quality of our food. If you receive a product that does not meet our quality standards, please contact us immediately at +1 504-581-3467 or [email protected]. We will work to resolve the issue to your satisfaction, which may include remaking your order or providing a refund.

8. Intellectual Property

8.1 Our Ownership

The Services and all Content, including but not limited to the Imos Pizza name, logo, trademarks, trade dress, recipes, menu items, photographs, graphics, text, software, and the overall look and feel of our Services, are owned by Imos Pizza or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and Content solely for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from our Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy any portion of the Content for commercial use;
• Use our trademarks, logos, or other proprietary information without our express written consent;
• Frame or mirror any portion of our Website without our express written consent.

8.3 Copyright Infringement Reporting

If you believe that any Content on our Services infringes your copyright, please contact us at [email protected] with the following information:

• A description of the copyrighted work you claim has been infringed;
• A description of where the allegedly infringing material is located on our Services;
• Your contact information;
• A statement that you have a good faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner;
• Your physical or electronic signature.

9. User Content

9.1 Responsibility for Your Content

You are solely responsible for any User Content you submit, post, or transmit through our Services. You represent and warrant that you own or have the necessary rights to submit such content and that your User Content does not violate any third-party rights or applicable laws.

9.2 License Grant to Company

By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in any media format and through any channels, including for marketing and promotional purposes.

9.3 Prohibited Content

You agree not to submit User Content that:

• Is false, misleading, defamatory, or fraudulent;
• Is obscene, offensive, hateful, or promotes violence;
• Infringes any intellectual property or other rights;
• Contains viruses or malicious code;
• Violates any applicable laws or regulations;
• Contains personal information of others without their consent.

9.4 Right to Remove Content

We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at any time and for any reason, including content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

9.5 No Endorsement

User Content does not represent the views or opinions of Imos Pizza. We do not endorse or guarantee the accuracy, completeness, or reliability of any User Content.

10. Disclaimers

10.1 "As Is" Service Provision

OUR SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 No Warranty of Results

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of any Content, products, or services offered through our Services. Your use of our Services is at your sole risk.

10.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party content. Your interactions with third parties are solely between you and such third parties.

10.4 Professional Advice Disclaimer

Nothing on our Services constitutes professional dietary, medical, or nutritional advice. Always consult with qualified healthcare professionals before making dietary decisions, especially if you have health conditions, allergies, or dietary restrictions.

11. Limitation of Liability

11.1 Maximum Liability

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

11.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Essential Purpose

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Imos Pizza, its affiliates, officers, directors, employees, agents, suppliers, and licensors 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 User Content;
• Your violation of any third-party rights;
• Your violation of any applicable laws or regulations;
• Any dispute between you and any third party.

12.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

12.3 Survival

Your indemnification obligations shall survive the termination of these Terms and your use of our Services.

13. Third-Party Links and Services

13.1 Third-Party Content

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

13.2 Third-Party Terms

Your use of third-party websites, applications, or services is subject to the terms and conditions and privacy policies of those third parties. We encourage you to read the terms and privacy policies of any third-party sites you visit.

13.3 No Endorsement

The inclusion of any link on our Services does not imply endorsement, approval, or affiliation with the linked website or its operators. We are not responsible for any damages or losses caused by your reliance on any third-party content.

14. Termination

14.1 Company Right to Terminate

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms;
• Fraudulent, abusive, or illegal activity;
• Non-payment of amounts due;
• Upon request by law enforcement or government agencies;
• Discontinuation or modification of our Services;
• Technical or security issues;
• Extended periods of inactivity;
• Any other reason we deem appropriate in our sole discretion.

14.2 User Right to Terminate

You may terminate your account at any time by contacting us at [email protected] or by following the account deletion instructions in your account settings. Upon termination, your right to use our Services will immediately cease.

14.3 Effect of Termination

Upon termination:

• Your license to use our Services terminates;
• You must cease all use of our Services;
• Any outstanding payments become immediately due;
• We may delete your account and associated data;
• Accumulated rewards or credits may be forfeited.

14.4 Survival

The following provisions shall survive termination: Sections 2 (Definitions), 8 (Intellectual Property), 9.2 (License Grant), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law), and 17 (General Provisions).

15. Governing Law and Disputes

15.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiations within thirty (30) days of receiving your notice.

15.3 Arbitration

If we cannot resolve the dispute through informal negotiations, you agree that any dispute, claim, or controversy shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New Orleans, Louisiana. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

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, you waive any right to a jury trial.

15.5 Jurisdiction and Venue

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Orleans Parish, Louisiana.

16. Changes to Terms

16.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. Changes may be made for various reasons, including but not limited to changes in our services, legal requirements, or business practices.

16.2 Notification of Changes

We will notify you of material changes to these Terms by posting the updated Terms on our Website with a new "Last Updated" date. For significant changes, we may also provide additional notice, such as sending an email to registered users or displaying a prominent notice on our Website.

16.3 Acceptance Through Continued Use

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 revised Terms, you must discontinue your use of our Services.

16.4 Review Responsibility

You are responsible for regularly reviewing these Terms to stay informed of any updates. We recommend bookmarking this page and checking it periodically.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Imos Pizza regarding your use of our Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Imos Pizza.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Headings

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

17.7 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No person or entity other than you and Imos Pizza has any rights under these Terms.

18. Contact Information

18.1 Response Times

We aim to respond to all inquiries within two (2) business days. For urgent matters related to active orders, please call our customer service line at +1 504-581-3467 during business hours (Monday through Sunday, 10:00 AM to 11:00 PM local time).

18.2 Legal Notices

All legal notices to Imos Pizza must be sent via certified mail to our address listed above or via email to [email protected] with "Legal Notice" in the subject line. Legal notices are deemed received upon actual receipt.