Terms of Service

Please read these Terms of Service carefully before using the website located at papaginosdining.rest or any services offered by Papa Ginos. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Papa Ginos ("Company," "we," "us," or "our"), governing your access to and use of the website papaginosdining.rest (the "Site") and all related services, features, content, and functionality offered by Papa Ginos, including but not limited to online ordering, reservations, loyalty programs, promotional offers, and any associated mobile applications (collectively, the "Services").

By accessing the Site, clicking "I Agree," completing a purchase, creating an account, or otherwise using our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.

If you are using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall refer to both the individual user and the entity on whose behalf the Services are being used.

2. Description of Services

Papa Ginos is a food service establishment operating in the United States, offering a wide range of dining, carry-out, and delivery food services. Through our Site and associated platforms, we provide the following services:

• Online Food Ordering: Customers may browse our menu, customize orders, and submit food orders for delivery, carryout, or dine-in preparation through our website.
• Reservation Services: Customers may request or book dining reservations at participating Papa Ginos locations through our online platform.
• Promotional Offers and Coupons: We may offer digital coupons, discount codes, and promotional pricing through our Site from time to time.
• Loyalty and Rewards Programs: We may offer a customer loyalty program that enables registered users to earn points, receive rewards, or access exclusive offers.
• Customer Account Management: Users may create, manage, and maintain personal accounts through which they can store preferences, track orders, and manage payment information.
• Nutritional and Allergen Information: We may provide general information about menu items, including nutritional content and common allergens, for informational purposes only.
• Customer Support: We offer customer service and support via email, telephone, or other communication channels to address questions, complaints, and feedback.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our Services at any time without prior notice. Papa Ginos is not liable for any such modifications or discontinuation of services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of accessing and using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials, including your username and password;
• Promptly update any information that becomes inaccurate or outdated;
• Notify us immediately at [email protected] if you suspect any unauthorized access to your account;
• Use our Services solely for lawful, personal, and non-commercial purposes unless otherwise expressly authorized by us in writing;
• Comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities in connection with the use of our Services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or account details;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts;
• Interference: Uploading, transmitting, or distributing any viruses, malware, spyware, worms, Trojan horses, or other harmful code that could interfere with the operation of our Site or Services;
• Data Scraping: Using automated tools, bots, scrapers, crawlers, or other automated means to extract data, content, or information from our Site without prior written consent;
• Spam and Abuse: Sending unsolicited commercial communications, chain messages, or spam to other users or to Papa Ginos staff;
• Intellectual Property Violation: Reproducing, copying, distributing, or otherwise exploiting any content from our Site without proper authorization;
• Impersonation: Impersonating any person or entity, including Papa Ginos employees, representatives, or other users;
• Circumvention: Circumventing, disabling, or tampering with any security features, access controls, or technical restrictions implemented on the Site;
• Illegal Purposes: Using our Services for any purpose that violates applicable federal, state, or local laws, including but not limited to laws regarding consumer fraud, privacy, intellectual property, and food safety;
• Resale Without Authorization: Reselling, sublicensing, or otherwise commercially exploiting our Services or any content obtained through them without express written authorization.

Any violation of these prohibitions may result in immediate termination of your account and access to our Services, and may also subject you to civil and criminal liability under applicable law.

4. Account Registration and Security

Certain features of our Services may require you to register for an account. When registering, you must provide truthful and accurate information. You are solely responsible for all activity that occurs under your account, whether or not you authorized such activity.

Papa Ginos reserves the right to refuse registration, terminate accounts, or remove or edit content at its sole discretion, including if it determines that a user has violated these Terms or engaged in any prohibited activity.

You may not create more than one account for the purpose of abusing promotional offers, circumventing restrictions, or defrauding the Company. Creating multiple accounts for fraudulent purposes is strictly prohibited and may result in permanent bans and legal action.

5. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, menu descriptions, recipes, software, data compilations, trademarks, service marks, and trade dress (collectively, "Intellectual Property"), are the exclusive property of Papa Ginos or its licensors and are protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for your personal, non-commercial use. This license does not include:

• The right to modify, adapt, translate, reverse-engineer, or create derivative works based on any content from the Site;
• The right to reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or its content for commercial purposes;
• The right to use any data mining, robots, or similar data gathering and extraction methods;
• The right to download or copy account information for the benefit of any third party.

Any unauthorized use of our Intellectual Property is strictly prohibited and may result in civil and/or criminal liability. Papa Ginos actively enforces its intellectual property rights to the fullest extent permitted by law.

If you believe that any content on our Site infringes upon your copyright or other intellectual property rights, please contact us at [email protected] with a detailed written notice containing the information required under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

6. Payment Terms and Ordering

6.1 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities unless specifically stated. Any applicable taxes will be calculated and displayed at checkout prior to final order confirmation.

6.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as specified on our Site. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method you provide;
• Your payment information is accurate and complete;
• You authorize Papa Ginos to charge the applicable fees to your designated payment method.

6.3 Order Confirmation and Cancellation

An order is not confirmed until you receive a written confirmation via email or through our Site. Papa Ginos reserves the right to cancel or refuse any order at its discretion, including in cases of suspected fraud, pricing errors, product unavailability, or other circumstances. In the event of a cancellation initiated by Papa Ginos after payment has been processed, a full refund will be issued to the original payment method.

6.4 Refunds and Disputes

Refund requests for food orders must be submitted to our customer service team within a reasonable time following the order. We evaluate refund requests on a case-by-case basis. Chargebacks initiated without first contacting Papa Ginos customer service may result in account suspension.

7. Third-Party Services and Links

Our Site may contain links to third-party websites, services, delivery platforms, or applications. These links are provided for your convenience only. Papa Ginos has no control over the content, privacy practices, or terms of service of any third-party site and does not endorse, guarantee, or accept responsibility for any third-party products, services, or content.

Your use of third-party services, including delivery platforms, payment processors, or mapping services, is governed by the respective terms and privacy policies of those third parties. We encourage you to read those policies carefully.

8. Disclaimers and "As-Is" Basis

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED;
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

Nutritional information and allergen data provided on our Site are intended for general informational purposes only and are not a substitute for professional medical or dietary advice. Individuals with food allergies, intolerances, or medical conditions should consult with a qualified healthcare professional before consuming any food products. While we make reasonable efforts to provide accurate allergen information, we cannot guarantee that our food products are entirely free from any specific allergen due to the possibility of cross-contamination in our kitchens.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• LOSS OF USE OR INABILITY TO ACCESS THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• ANY OTHER MATTER RELATING TO THE SERVICES.

IN ANY EVENT, PAPA GINOS' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such cases, Papa Ginos' liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your infringement of any third party's intellectual property, privacy, or other rights;
• Any content you submit, post, or transmit through our Site;
• Your negligence or willful misconduct;
• Any dispute between you and any third party in connection with the Services.

Papa Ginos reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, in which case you agree to fully cooperate with Papa Ginos in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Papa Ginos.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them or the use of our Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Papa Ginos is primarily registered to do business, without regard to its conflict of law principles.

For matters governed by federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce, the parties agree to submit to the jurisdiction of the appropriate federal courts. For state law matters, the parties consent to the exclusive jurisdiction of the state courts located in the applicable state of operation.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq. These rights may include the right to know, the right to delete, and the right to opt-out of the sale or sharing of personal information. Please refer to our Privacy Policy for more details on these rights.

Nothing in this section shall prevent Papa Ginos from seeking emergency or injunctive relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting Papa Ginos at [email protected]. Both parties agree to make a good-faith effort to resolve the dispute within thirty (30) days of the initial notice.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PAPA GINOS EACH AGREE THAT ANY PROCEEDING TO RESOLVE A CLAIM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters involving:

• Actual or threatened infringement, misappropriation, or violation of intellectual property rights;
• Violations of computer fraud or unauthorized access laws;
• Claims subject to applicable small claims court jurisdiction.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Site or Services. Papa Ginos reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to our Services at any time, with or without cause and with or without notice;
• Modify, discontinue, or restrict access to any portion of the Services at any time;
• Take any other action it deems appropriate to enforce these Terms or protect its rights and interests.

Grounds for termination include, but are not limited to, breach of these Terms, fraudulent activity, abuse of our Services or staff, chargebacks initiated in bad faith, or any conduct that Papa Ginos reasonably believes is harmful to other users, third parties, or Papa Ginos itself.

Upon termination, your license to use the Site and Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

14. Changes to Terms of Service

Papa Ginos reserves the right to modify, update, or revise these Terms at any time at its sole discretion. When we make material changes, we will provide notice through one or more of the following methods:

• Posting the revised Terms on our Site with an updated "Last Updated" date;
• Sending an email notification to registered account holders;
• Displaying a prominent banner or notice on the Site when you next visit.

Your continued access to or use of our Site or Services following the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of our Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at papaginosdining.rest.

15. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable U.S. privacy laws, including the Federal Trade Commission Act and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please review our Privacy Policy at papaginosdining.rest to understand our privacy practices.

16. Accessibility

Papa Ginos is committed to making its website accessible to all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and applicable web accessibility standards. If you experience any difficulty accessing our Site or Services, please contact us at [email protected] so that we may assist you and address any accessibility issues.

17. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power outages, telecommunications failures, cyberattacks, or any other event of force majeure. In such circumstances, Papa Ginos will make reasonable efforts to resume performance as soon as practicable.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or policies expressly incorporated herein, constitute the entire agreement between you and Papa Ginos with respect to your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity, illegality, or unenforceability.

The parties agree that they would have entered into these Terms and each provision hereof even if any one or more provisions are subsequently declared invalid, illegal, or unenforceable, provided that the essential economic terms of the agreement remain intact.

20. Waiver

No failure or delay by Papa Ginos in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default under these Terms shall not constitute a waiver of any subsequent breach or default, and shall not affect any other rights or remedies that may be available.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Papa Ginos. Any attempted assignment in violation of this provision shall be null and void. Papa Ginos may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact Papa Ginos for any reason related to our Services, please reach out to us using the following contact information:

We endeavor to respond to all inquiries within three (3) to five (5) business days. For urgent matters, including suspected fraudulent activity or security breaches related to your account, please contact us immediately at [email protected].