Terms of Service

1. Agreement to Terms

By accessing and using the Pizzaiolo pizza delivery service, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and Pizzaiolo Trattoria & Pizzeria regarding your use of our pizza delivery services, website, and mobile applications. This agreement applies to all users of the service, including without limitation users who are browsers, customers, merchants, and contributors of content.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

2. Service Description

Pizzaiolo provides premium pizza delivery services throughout Toronto and surrounding areas in Canada. Our service includes online ordering, phone ordering, and in-person ordering for delivery or pickup of authentic Italian pizzas, appetizers, beverages, and desserts.

2.1 Delivery Areas

We deliver to specified areas within Toronto, Ontario, Canada. Delivery availability is subject to distance from our location at 220 Yonge St, CF Toronto Eaton Centre. We reserve the right to refuse delivery to areas outside our designated delivery zone or to modify delivery zones at any time without prior notice.

2.2 Menu and Pricing

All menu items, descriptions, and prices are subject to change without notice. We strive to provide accurate information regarding our pizzaiolo menu, but we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free.

Prices listed on our website and menu are in Canadian dollars (CAD) and include applicable taxes unless otherwise stated. Delivery fees, service charges, and gratuities are additional and will be clearly indicated before order confirmation.

3. Ordering and Payment

3.1 Order Placement

Orders can be placed through our website, mobile application, or by phone at 416-481-4801. By placing an order, you warrant that you are at least 18 years of age and legally capable of entering into binding contracts. All orders are subject to acceptance and availability.

We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our credit or fraud avoidance department. If your order is cancelled after your credit card has been charged, we will issue a credit to your account in the amount of the charge.

3.2 Payment Methods

We accept various payment methods including credit cards (Visa, Mastercard, American Express), debit cards, and cash on delivery where available. All payments are processed securely through encrypted payment gateways. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

3.3 Order Confirmation

Upon successful order placement, you will receive an order confirmation via email or SMS to the contact information provided. This confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason.

4. Delivery Terms

4.1 Delivery Times

Estimated delivery times provided at the time of order are approximate and not guaranteed. Actual delivery times may vary due to factors including but not limited to order volume, weather conditions, traffic, and unforeseen circumstances. While we strive to deliver within the estimated timeframe, we are not liable for delays in delivery.

If you have specific timing requirements, please contact us directly at 416-481-4801 to discuss your needs. We will make reasonable efforts to accommodate special timing requests but cannot guarantee specific delivery times.

4.2 Delivery Address

You are responsible for providing accurate and complete delivery address information. If the delivery address provided is incorrect or incomplete, resulting in failed delivery or additional delivery attempts, you may be charged additional fees. We are not responsible for orders delivered to incorrect addresses provided by the customer.

4.3 Delivery Fees

Delivery fees vary based on distance from our location and are clearly displayed before order confirmation. Minimum order amounts may apply for delivery service. We reserve the right to modify delivery fees and minimum order requirements at any time.

4.4 Contact at Delivery

Our delivery personnel may need to contact you upon arrival. Please ensure the phone number provided is accurate and that you are available to receive calls or messages. If we are unable to reach you or gain access to your delivery location within a reasonable time, the order may be returned.

5. Quality and Food Safety

5.1 Food Preparation Standards

At Pizzaiolo, we maintain the highest standards of food safety and quality. All our pizzas are prepared using fresh ingredients in a clean, inspected kitchen environment. We follow all applicable food safety regulations and health codes mandated by Toronto Public Health and the Province of Ontario.

5.2 Allergen Information

Our menu items may contain or come into contact with common allergens including wheat, eggs, milk, soy, tree nuts, peanuts, fish, and shellfish. While we take precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free from allergens.

If you have food allergies or dietary restrictions, please contact us at 416-481-4801 before placing your order. We will provide available allergen information and discuss options, but we cannot guarantee that our products are suitable for all dietary needs.

5.3 Product Quality Issues

If you receive an order that does not meet our quality standards or is incorrect, please contact us immediately at 416-481-4801 or email info@pizzaiola.org. We will work to resolve the issue promptly, which may include replacement of the item or refund as appropriate.

Quality complaints must be reported within 30 minutes of delivery while the product is still in its original condition. We may require photographic evidence of the issue. Claims made after this timeframe or after the product has been consumed may not be eligible for resolution.

6. Cancellations and Refunds

6.1 Order Cancellation

Orders may be cancelled within 5 minutes of placement by contacting us immediately at 416-481-4801. Once food preparation has begun, orders cannot be cancelled. If you need to cancel an order, please call us as soon as possible.

We reserve the right to cancel any order at any time for reasons including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. If we cancel your order after payment has been processed, a full refund will be issued to your original payment method.

6.2 Refund Policy

Refunds are provided at our discretion and are typically issued for the following reasons:

• Incorrect order delivered that cannot be corrected
• Significant quality issues with the product
• Failure to deliver within a reasonable timeframe due to our error
• Order cancellation by Pizzaiolo

6.3 Non-Refundable Situations

Refunds will not be provided in the following situations:

• Customer unavailability at delivery address
• Incorrect address provided by customer
• Change of mind after order preparation has begun
• Subjective taste preferences
• Delays caused by factors beyond our control (weather, traffic, etc.)

7. User Accounts and Privacy

7.1 Account Creation

Creating an account on our website or mobile application is optional but provides benefits such as faster checkout, order history, and exclusive offers. When creating an account, you must provide accurate, current, and complete information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

7.2 Privacy and Data Protection

Your privacy is important to us. We collect, use, and protect your personal information in accordance with our Privacy Policy and applicable Canadian privacy laws including the Personal Information Protection and Electronic Documents Act (PIPEDA).

By using our service, you consent to the collection and use of your information as described in our Privacy Policy, which can be found at pizzaiola.org/privacy_policy.html. We do not sell or rent your personal information to third parties.

7.3 Communications

By providing your email address and phone number, you consent to receive communications from Pizzaiolo regarding your orders, account, and promotional offers. You may opt out of promotional communications at any time by following the unsubscribe instructions in our emails or by contacting us at info@pizzaiola.org.

8. Intellectual Property

8.1 Trademarks and Content

All content on our website and mobile applications, including but not limited to text, graphics, logos, images, recipes, and software, is the property of Pizzaiolo Trattoria & Pizzeria or its content suppliers and is protected by Canadian and international copyright laws.

The Pizzaiolo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizzaiolo Trattoria & Pizzeria. You may not use such marks without our prior written permission.

8.2 Prohibited Uses

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or applications, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use

9. Limitation of Liability

9.1 Service Availability

We strive to provide uninterrupted service but do not guarantee that our website, mobile applications, or delivery service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our services, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance.

9.2 Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, or products included on our website or applications.

9.3 Limitation of Damages

In no event shall Pizzaiolo Trattoria & Pizzeria, 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, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid to us in the twelve (12) months prior to the action giving rise to liability, or one hundred Canadian dollars ($100 CAD), whichever is greater.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pizzaiolo Trattoria & Pizzeria 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) arising from:

• Your use of and access to our services
• Your violation of any term of these Terms of Service
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of our services caused damage to a third party

This defense and indemnification obligation will survive these Terms of Service and your use of our services.

11. Governing Law and Dispute Resolution

11.1 Applicable Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

11.2 Jurisdiction

Any disputes arising out of or relating to these Terms of Service or our services shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

11.3 Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms of Service or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.

12. General Provisions

12.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on our services, constitute the entire agreement between you and Pizzaiolo Trattoria & Pizzeria concerning our services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

12.2 Severability

If any provision of these Terms of Service is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms of Service. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

12.3 Waiver

No waiver by Pizzaiolo of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice to you. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms of Service due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Changes to Terms

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.