Terms & Conditions

LAST UPDATED: June 22, 2018

 

Thanks for visiting our terms of use agreement (the “Terms of Use”, “Terms and Conditions”). Please read these terms and conditions carefully before using any mobile applications (“Applications"), websites ("Website") or branded websites and applications (“Applications” together with “Website” and services, the ”Properties") provided by Gianni's Pizzeria (the “Service"). This Terms of Use is a legal agreement between you and Gianni's Pizzeria.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

PLEASE READ THIS TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, APPLICATIONS OR SERVICES, CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GIANNI'S PIZZERIA, AND (3) YOU HAVE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION OR SERVICE.

 

Service Introduction

 

Gianni's Pizzeria provides a mobile ordering solution where the User is able to purchase goods from local businesses (“service providers”) on our platform.

 

Users are able to use our services through both an anonymous or registered account, although anonymous accounts may not participate in rewards programs and contain limited features.

 

Upon registration your personal information will be collected to provide a personal experience giving you the ability to view past orders, set a quick order and voluntarily store your delivery address or payment information for simpler checkouts in the future.

 

Users can browse items and add them to cart to place orders. All appropriate sales tax based on location will be added to the order. Users are encouraged to carefully review orders before completing check out.

 

Users have the ability to place orders now or for a later date in the future. Orders must be placed within operation hours of the store in order to be fulfilled.

 

Registered users may participate in our reward and referral programs to earn points and other rewards for placing orders and sharing our services with friends.

 

Refund policies vary based on the service and location you have purchased goods from. Although our apps are built to support refunds when necessary, the provider at the location of the purchased items is responsible for determining the eligibility of your refund.

 

All payments are processed after the items in the order are ready. In the event that there is an issue processing your payment you may be contacted from the individual location to ask for an alternate form of payment.

 

Account Terms

 

In order to access some features of the Platform, you will have to create an account. You may only create one registered account on each branded service provided by Gianni's Pizzeria. By creating an account you agree that:

 

- You must be 13 years or older to use our services

- Accounts registered by “bots” or other automated methods aren’t permitted

- You must provide valid information (legal name, email, phone number) when registering for an account

- You are responsible for all the content and activity of your account

- You must not use somebody else’s identity when using our services

- You may not use the service for any illegal or unauthorized purpose

- You must provide valid payment information that you are authorized to use

- You may never use another's account without permission

- You must notify Gianni's Pizzeria immediately of any breach of security or unauthorized use of your account. (email: support@adapptt.com)

 

If you register an account on the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Although Gianni's Pizzeria will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gianni's Pizzeria or others due to such unauthorized use.

 

Gianni's Pizzeria reserves the right to refuse service, restrict access, terminate accounts, remove or edit content, or cancel orders in its sole discretion at any point of time without any prior notice.

 

Ability to Accept Terms of Use

 

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Gianni's Platform is not intended for children under 13. If you are under 13 years of age, please do not use our platform.

 

Pricing and Payments

 

Registration for the services is free of charge, there is no fee to download our services or create an account.

 

Users will be able to purchase products and goods from businesses on our platform. Upon check out users will be required to enter valid check out and payment information to cover the price of the products purchased.

 

Payments and card information is processed and stored through our third-party service provider known as Stripe. Stripe is a well-known trusted and secure PCI compliant service for processing payments.

 

Stripe accounts are created for all users both Anonymous and Registered at the point of check out in order to validate and process the charge.

 

Registered accounts have the option to voluntarily save payment information to their account so that it can be easily accessible for future use. However it is required that a card is kept on file in the event that an order is placed for a future date.

 

Payment methods supported include Mastercard, Visa, American Express, JCB, Discover, Apple Pay, Google Pay and some service providers may accept cash as well.

 

User Responsibilities

 

User is required to carefully review orders before placing to ensure that all details are accurate and correct. As soon as an order is placed (unless it is a future order) you will no longer have the ability to edit, change or cancel your order. In the event that a mistake has occurred you may call the service provider and they will work to meet your needs depending on the current progress of your order.

 

User acknowledges and agrees that they may or may not be able to request a refund depending on the return policy of the individual service provider. In the event that a user is denied a refund after calling the business they purchased items from for whatever reason, we aren’t responsible for any losses by the user as a result of using our services. Pursuant to this agreement, the user shall not file any claims against Gianni's Pizzeria for such losses or damages.

 

User accepts responsibility for retrieving their order(s) from the participating service providers during regular business hours and no longer than 30 minutes after the order is complete. Users also accept responsibility to provide accurate delivery information and be present at the address on the time of delivery.

 

User accepts sole responsibility for both authorized and unauthorized use of the User’s account. Any activity performed through your account is deemed to be you, regardless of who performed the action. Therefore the user is responsible for maintaining control and managing the account. We give you access to create, modify and delete most content and information shared on our services. You are responsible for protecting your confidential information including passwords to authorize access to your account. You will be responsible for any offensive, hateful, harmful, negative content shared within our applications.

 

User acknowledges and agrees that Gianni's Pizzeria shall assume no responsibility for any harm or losses that may result from any use of the services. This includes all disputes between users and a service provider on our platform. USER AGREES TO INDEMNIFY GIANNI'S, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, DEMAND OR LIABILITY. INCLUDING REASONABLE COSTS AND ATTORNEY FEES ARISING OUT OF USAGE OF OUR SERVICES.

 

Users are prohibited from uploading, posting or transmitting any content or information to or from both our applications or websites of participating service providers that:

 

- Are illegal, unlawful or fraudulent

- Unauthorized advertising

- Contains viruses, malware or other harmful programs

- Contains defamatory, hateful or offensive content

- Contains source code of the application

- Promotes violence or discrimination

- Infringes on intellectual property rights

 

Communication Services

 

By using our services you willingly enter into a communication agreement between the user and the applications, Gianni's Pizzeria and our service providers. We will communicate with you both inside and outside of the app through multiple methods for various reasons. Here we will outline different methods of communication and how you may opt-out of the ones that you desire to do so.

 

In-app Inbox - one way in-app messaging system from service provider to user in order to interact with the users as they perform various activities within the app and also send important information regarding orders, specials and events.

 

Push Notifications - users may voluntarily give our applications access to send push notifications to their devices. We send important notifications about order updates, item discounts, upcoming events and other special offerings. You may opt-out from receiving push notifications by disabling application push access in your iPhone settings.

 

Email Campaigns - when creating an account users may be registered into an email list of the service provider in order to send order confirmations, upcoming events, specials, and other important information. You may opt-out of these email by following the opt-out instructions attached to the bottom of each email.

 

Phone verification - in-order to ensure users only have access to initial offerings one time we require them to optionally verify a phone number upon sign up. In this case we will send you a text message with a code for verification. Note that standard messaging and data rates may apply for SMS and MMS depending on your mobile phone carrier.

 

If you unsubscribe from any of our communication services you do so knowing that this may affect our ability to communicate with you about important concerns like order progress updates and order confirmations. You agree that you will be held responsible for all actions necessary after information is sent or unsent due to your communication preferences.

 

Intellectual Property

 

Gianni's Pizzeria and respective service providers shall retain all legal and proprietary rights to all intellectual property within our sites and applications. Intellectual property includes all copyrights, trademarks, patents associated with its product, brand, technology, software and systems.

 

User shall not copy, reproduce, modify, re-publish, re-distribute, reverse engineer, transmit, display, or sell the app or it’s content in any form or by any means unless obtain prior written consent from Gianni's Pizzeria

 

Disclaimer of Warranties

 

Gianni's Pizzeria doesn’t guarantee that your order will be ready upon arrival or delivered at the estimated time. Certain things like order volume and time and day of week may affect our service providers ability to complete your order at the expected time.

 

We don’t guarantee that our service providers will be accessible on user demand. Our service providers operate on individual hours and availability is subject to those hours. We don’t control and aren’t responsible for the stores hours of operation.

 

There is no guarantee that all menu items present on-site will be available on the app. We also don’t guarantee that the prices will be the same. All item information including prices is controlled by our service providers and are subject to be modified or changed at any time.

 

Gianni's Pizzeria doesn’t warranty the quality of food or beverage including but not limited to flavor, temperature, menu selections, ingredients or texture.

 

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GIANNI'S DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE SERVICES IS AT USERS SOLE RISK.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GIANNI'S PIZZERIA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GIANNI'S PIZZERIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. GIANNI'S PIZZERIA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. GIANNI'S PIZZERIA ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL GIANNI'S INC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO GIANNI'S OR AN GIANNI'S SERVICE PROVIDER, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AND ADAPTT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND ADAPTT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

 

Termination

 

The User has the right to terminate this agreement at any time for any reason by simply discontinuing the use of our services.

 

In the event that you would like to terminate your account you may do so by sending an email to support@adapptt.com with your email, service provider and personally identifiable information to verify identity. You can refer to our privacy policy for more information regarding this process.

 

You also understand that Gianni's Pizzeria and our service providers have the right to modify, restrict or terminate User access to the service at any point of time without prior notice if we suspect your account has violated any of the terms set forth in this agreement.

 

Arbitration

 

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN GIANNI'S PIZZERIA AND ANY OTHER PERSON. YOU AND GIANNI'S PIZZERIA BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

 

Changes to Terms of Use

 

THE TERMS OF USE ARE SUBJECT TO CHANGE BY GIANNI'S PIZZERIA IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. When changes are made, we will update the date of the changes occured at the top of this page.

 

Privacy and Personal Information

 

Gianni's Pizzeria is committed to protecting your private and personal information you provide us on our Application, Website and services. Any information you provide us on our Application and Website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices: Privacy Policy.

 

Contact

 

If you have any questions or concerns regarding this agreement, please feel free to send us an email at support@adapptt.com