Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at papaginos.top (the "Site") or any services offered by Papa Ginos ("Company," "we," "us," or "our"). By accessing or using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the papaginos.top website or placing an order through any of our platforms, you enter into a legally binding agreement with Papa Ginos. This Agreement governs your use of all features, content, and services provided by Papa Ginos, whether accessed through our website, mobile interface, third-party delivery partners, or any other means we may provide.

You represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or guardian consent to use our services;
• You have the legal capacity to enter into a binding contract under applicable United States law;
• You are not barred from receiving our services under any applicable laws of the United States or any other jurisdiction;
• All information you provide to us is accurate, complete, and current.

If you are accessing or using our services on behalf of a business entity or other legal organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall include both you individually and the entity on whose behalf you act.

These Terms incorporate by reference our Privacy Policy, which can be found on our website, and any additional guidelines, policies, or rules applicable to specific features or services that we may post from time to time.

2. Description of Services

Papa Ginos is a food service business operating in the United States. We offer customers the ability to browse our menu, place food orders, and enjoy our culinary offerings through various channels including but not limited to:

• Online Ordering: Customers may place orders for food and beverages through our website at papaginos.top;
• Dine-In Services: Customers may visit our physical location(s) to enjoy meals on-premises;
• Takeout and Carryout: Customers may place orders for pickup at our location(s);
• Delivery Services: We may offer delivery services directly or through authorized third-party delivery partners;
• Catering Services: We may offer catering solutions for events and gatherings subject to availability and separate agreements;
• Loyalty and Promotions: We may offer loyalty programs, promotional codes, and special offers from time to time.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, pricing, availability, and hours of operation are subject to change without notice.

Product descriptions, images, and nutritional information provided on our website are for informational purposes only. While we strive for accuracy, we do not warrant that product descriptions or other content on the Site are complete, reliable, current, or error-free. Actual products may vary due to product changes or improvements, ingredient availability, or other factors.

3. User Obligations and Prohibited Activities

3.1 General Obligations

As a user of our Site and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing orders, or otherwise interacting with us;
• Maintain the security and confidentiality of your account credentials;
• Promptly notify us of any unauthorized use of your account or any other security breach;
• Use our services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Treat our staff and other customers with respect and dignity.

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing false, fraudulent, or fictitious orders; providing false delivery addresses; using stolen or unauthorized payment methods;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, databases, accounts of other users, or any non-public areas of our Site;
• Interference: Interfering with, disrupting, or attempting to disrupt the integrity or performance of our Site, servers, or networks connected to our Site;
• Scraping and Data Mining: Using automated means, bots, scrapers, crawlers, or other data collection or extraction tools to access, collect, or copy any content from our Site without our express written permission;
• Harmful Code: Transmitting any viruses, malware, trojans, worms, or other harmful or destructive code or software through our Site;
• Impersonation: Impersonating any person or entity, including our employees, representatives, or other users;
• Harassment: Harassing, threatening, intimidating, stalking, or abusing any other user or our staff;
• Illegal Activity: Using our services to facilitate any illegal activity under United States federal law or applicable state law;
• Commercial Exploitation: Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our services for commercial purposes without our express written consent;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with our services;
• False Reviews: Submitting false, misleading, or defamatory reviews, ratings, or feedback about our products or services;
• Coupon Fraud: Misusing promotional codes, coupons, or loyalty rewards, including creating multiple accounts to abuse promotional offers.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including but not limited to reporting such activities to law enforcement authorities and terminating your access to our services.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Site and all of its content, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the selection, arrangement, and compilation thereof — are owned by Papa Ginos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, including the Lanham Act, the Copyright Act (17 U.S.C. § 101 et seq.), and the Digital Millennium Copyright Act (DMCA).

The Papa Ginos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Papa Ginos or its affiliates. You must not use such marks without the prior written permission of Papa Ginos. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

4.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site solely for your personal, non-commercial use in connection with placing orders and using our food services. This license does not include:

• Any resale or commercial use of our Site or its content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of our Site or its 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.

4.3 User-Submitted Content

If you submit, post, or otherwise make available any content on our Site (such as reviews, comments, or feedback), you grant Papa Ginos 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 in and to such content and that such content does not violate these Terms or any applicable law.

5. Payment Terms

5.1 Pricing and Payment Methods

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, delivery fees, service charges, and any other applicable fees will be calculated and displayed at checkout prior to the completion of your order.

We accept various payment methods as indicated on our Site at the time of purchase, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and certain digital payment platforms. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order including all applicable fees and taxes.

5.2 Order Confirmation and Cancellations

Once you place an order, you will receive an order confirmation. This confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, errors in pricing or product information, or suspected fraud.

Due to the perishable nature of food products, cancellations may be subject to time limitations. Once food preparation has begun, cancellations may not be possible. Please contact us at [email protected] as soon as possible if you need to modify or cancel an order.

5.3 Refunds

If you are dissatisfied with your order, please contact us promptly. Refunds are issued at our sole discretion and may depend on the nature of the complaint, the time elapsed since the order was placed, and other relevant factors. All refund requests will be evaluated on a case-by-case basis in accordance with applicable consumer protection laws under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state laws.

5.4 Promotional Offers

Promotional codes, discount offers, and loyalty rewards are subject to specific terms and conditions associated with each promotion. Unless otherwise stated, promotional offers are non-transferable, have no cash value, cannot be combined with other offers, and are valid for a single use per customer. We reserve the right to modify or terminate any promotional program at any time.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USING OUR SERVICES.

6.1 Food Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and other allergenic substances. While we make reasonable efforts to accommodate dietary restrictions and provide accurate allergen information, we cannot guarantee that cross-contamination will not occur. Customers with known food allergies or sensitivities are strongly advised to contact us directly before placing an order. Papa Ginos shall not be liable for any allergic reactions or health issues arising from consumption of our products.

6.2 Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Papa Ginos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities or their websites.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES (EXCEPT WHERE PROHIBITED BY LAW);
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PAPA GINOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos and its officers, directors, employees, contractors, agents, licensors, service providers, 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 of Service;
• Your use of the Site or services in a manner not expressly authorized by these Terms;
• Your violation of any third-party rights, including without limitation any intellectual property right, privacy right, or contractual right;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Any content or information you submit to or through our Site;
• Your willful misconduct, negligence, or fraud;
• Any dispute or issue between you and any third party.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Papa Ginos is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your use of our Site or services or these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. By using our Site and services, you hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

These Terms are subject to applicable federal consumer protection laws enforced by the Federal Trade Commission under the FTC Act (15 U.S.C. § 41 et seq.). Nothing in these Terms shall be interpreted to limit any rights you may have under applicable federal or state consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

We believe that most concerns can be resolved quickly and to your satisfaction by contacting our customer service team. Before initiating any formal dispute resolution proceedings, you agree to first contact Papa Ginos at [email protected] and provide a written description of your complaint and the relief you are seeking. We will attempt to resolve your complaint within thirty (30) days of receiving your notice.

10.2 Binding Arbitration

If we are unable to resolve a dispute through informal means within thirty (30) days, you and Papa Ginos agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration shall be conducted by a recognized arbitration organization such as the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms are void or voidable.

10.3 Class Action Waiver

YOU AND PAPA GINOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Papa Ginos agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, nothing in these Terms shall prevent either party from seeking emergency injunctive relief from a court of competent jurisdiction in order to prevent irreparable harm pending final arbitration.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect while you use our Site or services. Your right to use our Site and services shall commence upon your first access to the Site and shall continue unless and until terminated in accordance with this Section.

11.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use our Site and services and, if applicable, by requesting deletion of your account by contacting us at [email protected].

11.3 Termination by Papa Ginos

We reserve the right to terminate or suspend your access to our Site and services, with or without notice, for any reason, including but not limited to:

• Breach of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay for services rendered;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of our services;
• Technical or security issues.

11.4 Effect of Termination

Upon termination of your access, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Termination of your access shall not relieve you of any obligations accrued prior to termination.

12. Changes to Terms

Papa Ginos reserves the right, in its sole discretion, to modify, revise, update, or otherwise change these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or through a prominent notice on our Site.

Your continued use of our Site or services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about your rights and obligations. If you do not agree to the revised Terms, you must immediately cease using our Site and services.

We will not make changes that retroactively reduce your rights with respect to previously placed orders without your consent, to the extent required by applicable law.

13. Privacy and Data Protection

Your use of our Site 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, protect, and share your personal information. We encourage you to read our Privacy Policy carefully.

To the extent you are a resident of California, your use of our services may also be subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Our Privacy Policy describes the rights available to California residents and how to exercise them.

We are committed to complying with all applicable United States federal and state privacy laws, including but not limited to the Children's Online Privacy Protection Act (COPPA) with respect to users under the age of 13.

14. Food Safety and Compliance

Papa Ginos is committed to maintaining the highest standards of food safety and complying with all applicable food safety regulations, including those set forth by the United States Food and Drug Administration (FDA) and applicable state and local health department requirements. We hold all required licenses and permits for food service operations in our jurisdiction.

Menu item descriptions, including calorie counts and nutritional information, are provided in compliance with applicable federal and state menu labeling laws. Actual nutritional content may vary based on preparation methods, portion size, and other factors.

15. Force Majeure

Papa Ginos shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes or strikes, supply chain disruptions, power outages, internet service failures, war, terrorism, or civil unrest.

In the event of a force majeure occurrence, we will use commercially reasonable efforts to resume normal operations as soon as practicable and will notify affected customers through our website or other available means.

16. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction 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. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law.

If a court or arbitrator finds that any provision of these Terms is invalid or unenforceable but could be made valid or enforceable by modification, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the intent of the parties as expressed herein.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices and agreements published by Papa Ginos on the Site, shall constitute the entire agreement between you and Papa Ginos concerning the Site and its services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and services.

No waiver by Papa Ginos of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Papa Ginos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Papa Ginos's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Papa Ginos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19. Electronic Communications

By using our Site and services, you consent to receiving electronic communications from Papa Ginos. These communications may include notices about your account, order confirmations, receipts, promotional offers, and other information concerning or related to your use of our services. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, to the extent permitted by applicable law.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, your rights, or our services, please contact us using the following information:

We will make every effort to respond to your inquiries within a reasonable time, typically within five (5) to ten (10) business days. For urgent matters relating to food safety, allergic reactions, or health concerns, please seek appropriate emergency assistance and contact relevant authorities as needed.