Terms of Service

Please read these terms carefully before using our services

Last Updated: December 15, 2024

1. Acceptance of Terms

Welcome to Pizzaiolo! These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any changes indicates your acceptance of the modified Terms.

Important: These Terms constitute a legally binding agreement between you and Pizzaiolo. Please read them carefully and contact us if you have any questions before using our Services.

1.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 Account Registration

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account.

2. Use of Services

Pizzaiolo provides online pizza ordering and delivery services throughout Canada. Our Services allow you to browse our menu, customize your orders, place orders for delivery or pickup, and manage your account preferences.

2.1 Ordering Process

When you place an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or issues with your payment method.

All orders are subject to acceptance and availability. We will send you a confirmation email or notification once your order has been accepted. This confirmation constitutes our acceptance of your offer and creates a binding contract between you and Pizzaiolo.

2.2 Pricing and Payment

All prices displayed on our Services are in Canadian Dollars (CAD) and include applicable taxes unless otherwise stated. We reserve the right to change our prices at any time without prior notice. However, changes will not affect orders that have already been confirmed.

Payment must be made at the time of ordering through one of our accepted payment methods. We accept major credit cards, debit cards, and other payment methods as indicated on our Services. You authorize us to charge your selected payment method for the total amount of your order, including all applicable taxes, delivery fees, and service charges.

2.2.1 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions, which will be provided at the time of the promotion. Promotional codes cannot be combined with other offers unless explicitly stated. We reserve the right to modify or cancel promotions at any time without prior notice.

2.3 Delivery Services

We offer delivery services to addresses within our designated delivery zones. Delivery times are estimates and may vary based on factors such as order volume, weather conditions, traffic, and distance. While we strive to deliver your order within the estimated time, we cannot guarantee exact delivery times.

You must provide a complete and accurate delivery address. If we are unable to complete delivery due to an incorrect or incomplete address, you may be charged for the order and any additional delivery attempts. You are responsible for being available to receive your order at the specified delivery address.

2.3.1 Delivery Fees

Delivery fees vary based on your location and order size. The applicable delivery fee will be clearly displayed before you complete your order. Minimum order amounts may apply for delivery to certain areas.

2.3.2 Contactless Delivery

We offer contactless delivery options for your safety and convenience. If you select contactless delivery, our delivery personnel will leave your order at your specified location and notify you of the delivery. By selecting this option, you acknowledge that you are responsible for retrieving your order promptly.

2.4 Pickup Services

If you choose to pick up your order, you must collect it from the specified Pizzaiolo location within the designated time frame. Orders not collected within 30 minutes of the ready time may be subject to cancellation without refund. You must present your order confirmation and valid identification when collecting your order.

3. Product Information and Allergens

We make every effort to ensure that product descriptions, images, and nutritional information displayed on our Services are accurate. However, we do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free.

3.1 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 of our products are completely free from allergens.

Allergen Warning: If you have food allergies or dietary restrictions, please contact us directly before placing your order. We will do our best to accommodate your needs, but we cannot guarantee that our products will be suitable for all dietary requirements.

3.2 Customization and Special Requests

We offer customization options for many of our menu items. While we will make reasonable efforts to accommodate special requests, we cannot guarantee that all requests can be fulfilled. Additional charges may apply for certain customizations.

3.3 Product Availability

Menu items and ingredients are subject to availability. We reserve the right to substitute ingredients or discontinue menu items without prior notice. If an item you ordered is unavailable, we will contact you to offer alternatives or process a refund for that item.

4. Cancellations and Refunds

We understand that circumstances may require you to cancel or modify your order. Our cancellation and refund policies are designed to be fair to both our customers and our business operations.

4.1 Order Cancellation

You may cancel your order within 5 minutes of placing it by contacting us immediately at 450-473-6871 or through your account dashboard. Once your order has entered preparation, cancellation may not be possible. If your order cannot be cancelled, you will be responsible for the full order amount.

4.2 Refund Policy

We are committed to your satisfaction. If you are not satisfied with your order, please contact us within 24 hours of delivery or pickup. We will review your concern and, at our discretion, may offer a refund, credit, or replacement order.

Refunds will be processed using the original payment method within 5-10 business days. Please note that your financial institution may require additional time to post the refund to your account.

4.2.1 Conditions for Refunds

Refunds may be issued in the following circumstances:

  • Your order was significantly delayed beyond the estimated delivery time due to our error
  • Your order was incorrect or incomplete
  • The quality of your order did not meet our standards
  • Your order was not delivered or was delivered to the wrong address due to our error
  • We were unable to fulfill your order for any reason

4.2.2 Non-Refundable Situations

Refunds will not be issued in the following circumstances:

  • You provided an incorrect or incomplete delivery address
  • You were not available to receive your delivery and did not respond to our delivery personnel's attempts to contact you
  • You changed your mind after the order entered preparation
  • You did not pick up your order within the designated time frame
  • You consumed a significant portion of your order before requesting a refund

5. User Conduct and Prohibited Activities

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in any activity that could harm, disable, overburden, or impair our Services or interfere with any other party's use of our Services.

5.1 Prohibited Activities

You agree not to:

  • Use our Services for any illegal purpose or in violation of any local, state, national, or international law
  • Violate or infringe upon the rights of others, including intellectual property rights, privacy rights, or contractual rights
  • Transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt our Services or servers or networks connected to our Services
  • Attempt to gain unauthorized access to any portion of our Services, other accounts, computer systems, or networks
  • Use any automated means, including robots, crawlers, or scrapers, to access our Services
  • Collect or harvest any personally identifiable information from our Services
  • Use our Services to transmit any unsolicited or unauthorized advertising or promotional materials
  • Engage in any fraudulent activity, including using stolen credit cards or payment information

5.2 Account Suspension and Termination

We reserve the right to suspend or terminate your account and access to our Services at any time, without prior notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use our Services will immediately cease, and we may delete your account and any content associated with it.

5.3 Consequences of Violations

Violations of these Terms may result in civil or criminal liability. We reserve the right to cooperate with law enforcement authorities in investigating and prosecuting any suspected illegal activity related to our Services.

6. Intellectual Property Rights

All content included in or made available through our Services, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Pizzaiolo or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

6.1 Trademarks

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

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from our Services
  • Use our Services for any commercial purpose or for the benefit of any third party
  • Remove any copyright, trademark, or other proprietary notices from our Services
  • Use any automated system to access our Services

6.3 User-Generated Content

If you submit reviews, comments, photos, or other content to our Services, you grant us a worldwide, 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 in any media.

You represent and warrant that you own or have the necessary rights to submit such content and that your content does not violate any third-party rights or applicable laws. We reserve the right to remove any user-generated content that violates these Terms or that we deem inappropriate for any reason.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of your personal information as described in our Privacy Policy.

7.1 Information We Collect

We collect information that you provide directly to us, such as when you create an account, place an order, or contact customer service. This may include your name, email address, phone number, delivery address, payment information, and order history.

7.2 How We Use Your Information

We use your information to process your orders, communicate with you about your orders, improve our Services, send you marketing communications (with your consent), and comply with legal obligations. We do not sell your personal information to third parties.

7.3 Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

7.4 Your Rights

You have the right to access, correct, or delete your personal information. You may also opt out of receiving marketing communications from us at any time. To exercise these rights, please contact us using the information provided at the end of these Terms.

8. Disclaimers and Limitations of Liability

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.1 No Warranty

We do not warrant that:

  • Our Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from using our Services will be accurate or reliable
  • The quality of any products, services, information, or other material obtained through our Services will meet your expectations
  • Any errors in our Services will be corrected

8.2 Limitation of Liability

To the fullest extent permitted by law, Pizzaiolo, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to us in the twelve (12) months prior to the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.

8.3 Food Safety Disclaimer

While we take food safety seriously and follow all applicable health and safety regulations, we cannot guarantee that our products will be free from all allergens or suitable for all dietary requirements. You are responsible for informing us of any allergies or dietary restrictions before placing your order.

Important: If you experience any adverse reaction after consuming our products, please seek medical attention immediately and contact us as soon as possible.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizzaiolo, its affiliates, officers, directors, employees, agents, 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 violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any content you submit to our Services

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.

10. Dispute Resolution and Governing Law

These Terms 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 principles.

10.1 Informal Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by contacting our customer service team. We will work with you in good faith to resolve any disputes.

10.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall take place in Mississauga, Ontario, and shall be conducted in English.

10.3 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. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10.4 Jurisdiction

You agree to submit to the personal jurisdiction of the courts located in Mississauga, Ontario, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

11. Third-Party Links and Services

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

11.1 Third-Party Payment Processors

We use third-party payment processors to process payments for orders placed through our Services. Your payment information is transmitted directly to these processors and is subject to their privacy policies and terms of service. We do not store your complete payment card information on our servers.

11.2 Third-Party Delivery Services

In some cases, we may use third-party delivery services to fulfill your orders. When using third-party delivery services, you may be subject to additional terms and conditions imposed by those services. We are not responsible for the actions or omissions of third-party delivery personnel.

11.3 Social Media

Our Services may include features that enable you to share content through social media platforms. Your use of these features is subject to the terms and privacy policies of the respective social media platforms.

12. Modifications to Services and Terms

We reserve the right to modify, suspend, or discontinue our Services (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

12.1 Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If we make material changes to these Terms, we will notify you by email or through a notice on our Services prior to the changes becoming effective.

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 stop using our Services.

12.2 Changes to Menu and Pricing

We reserve the right to change our menu items, recipes, ingredients, and pricing at any time without prior notice. Menu items and prices displayed on our Services are subject to change and may vary by location.

13. Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, rewards programs, or promotional offers. Participation in these programs is subject to additional terms and conditions, which will be provided at the time of enrollment or participation.

13.1 Loyalty Points

If we offer a loyalty points program, points earned have no cash value and cannot be transferred, sold, or exchanged for cash. Points may expire if your account is inactive for an extended period. We reserve the right to modify or terminate any loyalty program at any time.

13.2 Promotional Offers

Promotional offers are subject to specific terms and conditions, including expiration dates, minimum purchase requirements, and geographic restrictions. Promotional codes are for single use only unless otherwise specified and cannot be combined with other offers.

13.3 Referral Programs

If we offer a referral program, you may receive rewards for referring new customers to our Services. Referral rewards are subject to verification and may be revoked if we determine that the referral was fraudulent or violated our terms.

14. Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to comply with the Accessibility for Ontarians with Disabilities Act (AODA) and Web Content Accessibility Guidelines (WCAG).

14.1 Accessibility Features

Our Services include various accessibility features to enhance usability for all customers. If you encounter any accessibility barriers while using our Services, please contact us, and we will work to address your concerns.

14.2 Alternative Ordering Methods

If you are unable to place an order through our website or mobile app due to accessibility issues, you may place your order by calling us at 450-473-6871. Our customer service team will be happy to assist you with your order.

15. Severability and Waiver

15.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the original intent.

15.2 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 Pizzaiolo.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Services, constitute the entire agreement between you and Pizzaiolo regarding your use of our Services and supersede all prior agreements and understandings.

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to 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, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

In the event of a force majeure event, we will make reasonable efforts to notify affected customers and to resume normal operations as soon as possible. Any orders affected by force majeure events may be cancelled without liability, and refunds will be issued for any payments already made.

17. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms at any time without notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets.

18. Survival

The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

19. Language

These Terms have been prepared in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or discrepancy.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact us:

Pizzaiolo - Pizza delivery in Canada

100 City Centre Dr, (Square One Shopping Centre – Food Central / Food District, Level 1)

Mississauga, L5B 2C9, Canada

Phone: 450-473-6871

Email: info@pizzalola.com

We typically respond to inquiries within 24-48 hours during business days.