Terms of Service

1. Introduction and Acceptance

1.1 Agreement to Terms

Welcome to Imos Pizza. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Imos Pizza ("Company," "we," "us," "our") governing your access to and use of the pizza-imos.digital website, mobile applications, and all related services (collectively, the "Services").

By accessing, browsing, or using our website, placing an order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. This includes our Privacy Policy, Cookie Policy, and any additional terms and conditions that may apply to specific sections of our website or to products and services available through the website.

1.2 Eligibility Requirements

To use our Services, you must meet the following eligibility requirements:

• Age Requirement: You must be at least 18 years of age to create an account and place orders. If you are under 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
• Legal Capacity: You must have the legal capacity to enter into binding contracts under applicable law in your jurisdiction.
• Geographic Location: Our delivery services are only available within our designated delivery zones in the United States. You must be located within our service area to place delivery orders.
• Accurate Information: You must provide accurate, current, and complete information during registration and order placement.

1.3 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

1.4 Updates to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice, such as sending an email notification or displaying a prominent notice on our website. Your continued use of our Services after any such changes constitutes your acceptance of the modified Terms.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

• "Company," "We," "Us," "Our": Refers to Imos Pizza, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and assigns, operating the food service business at 800 Tchoupitoulas St, New Orleans, LA 70130, USA.
• "User," "You," "Your": Refers to any individual or entity that accesses, browses, or uses our website or services, whether as a guest or registered account holder.
• "Services": Refers to all services offered by Imos Pizza, including but not limited to our website, mobile applications, online ordering system, food delivery services, catering services, and any other products or services we may offer.
• "Website": Refers to the pizza-imos.digital domain and all associated web pages, subdomains, and online platforms operated by Imos Pizza.
• "Content": Refers to all text, images, graphics, logos, audio, video, software, data compilations, and any other material available on or through our Services.
• "Order": Refers to any request for food, beverages, or other products placed through our website, mobile application, or by telephone.
• "User Content": Refers to any content, including reviews, comments, photos, or other materials, that users submit, post, or transmit through our Services.
• "Allergen Information": Refers to information regarding ingredients that may cause allergic reactions, including but not limited to wheat, dairy, soy, nuts, and other common allergens.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. This license includes the right to:

• Browse our menu and view product information
• Create and maintain a user account
• Place orders for food and beverages for personal consumption
• Access and use our loyalty program, if applicable
• Contact our customer service team for support
• Leave reviews and feedback about our products and services

You agree to use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations. You agree to provide accurate, truthful, and complete information when using our Services, particularly when placing orders or creating an account.

3.2 Prohibited Use

You agree not to engage in any of the following prohibited activities when using our Services:

Illegal Activities:

• Using our Services for any unlawful purpose or in violation of any applicable laws
• Engaging in fraudulent activities, including placing fake orders or using stolen payment information
• Attempting to circumvent any security measures or access restricted areas of our systems

Harmful or Malicious Behavior:

• Uploading, transmitting, or distributing any viruses, malware, or other harmful code
• Engaging in any activity that could damage, disable, or impair our servers or networks
• Interfering with other users' enjoyment of our Services
• Harassing, threatening, or intimidating our employees, delivery drivers, or other customers

Unauthorized Access:

• Attempting to gain unauthorized access to any part of our Services, other accounts, or computer systems
• Using any automated means (bots, scrapers, etc.) to access our Services without our express written permission
• Bypassing any measures designed to prevent or restrict access to our Services

Intellectual Property Violations:

• Copying, reproducing, or distributing our content without authorization
• Using our trademarks, logos, or branding without written permission
• Infringing upon any copyrights, patents, or other intellectual property rights

Spam and Unsolicited Communications:

• Sending unsolicited promotional materials or spam through our Services
• Using our Services to collect or harvest personal information about other users
• Creating multiple accounts for deceptive or abusive purposes

False Information:

• Providing false, misleading, or inaccurate information when creating an account or placing orders
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
• Submitting fraudulent reviews or ratings

4. User Accounts

4.1 Registration Requirements

While you may browse our menu without creating an account, certain features of our Services require you to register for an account. When registering, you must provide accurate and complete information, including your full name, valid email address, phone number, and delivery address(es). You agree to keep this information current and accurate at all times.

4.2 Account Security

You are solely responsible for maintaining the security and confidentiality of your account credentials, including your password. You agree to:

• Create a strong, unique password that you do not use for other services
• Not share your account credentials with any third party
• Immediately notify us if you suspect any unauthorized access to your account
• Log out of your account after each session, especially on shared devices

You are responsible for all activities that occur under your account, whether or not you authorized those activities. We will not be liable for any loss or damage arising from unauthorized use of your account.

4.3 One Account Per Person

Each person may only maintain one active account. Creating multiple accounts to abuse promotions, loyalty programs, or for any other deceptive purpose is strictly prohibited and may result in the termination of all associated accounts.

4.4 Account Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent or suspicious activity
• Harassment of our staff or other customers
• Extended periods of account inactivity
• Upon your request for account deletion

5. Food Ordering and Delivery

5.1 Food Safety and Hygiene Standards

Imos Pizza is committed to maintaining the highest standards of food safety and hygiene. We comply with all applicable federal, state, and local food safety regulations, including FDA Food Code requirements and local health department guidelines. Our facilities are regularly inspected and our staff receives comprehensive food safety training.

5.2 Allergen Information Disclaimer

While we strive to provide accurate allergen information, please be aware that:

• Our kitchens prepare multiple products and cross-contamination may occur
• We cannot guarantee that any product is completely free from any allergen
• Menu items may contain hidden ingredients or allergens not explicitly listed
• Recipes and ingredients may change without notice
• Customers with severe allergies should exercise caution and consult with us directly before ordering

If you have a food allergy or dietary restriction, please contact us at +1 504-528-9393 before placing your order to discuss your specific needs.

5.3 Delivery Terms and Timing

Our delivery service is subject to the following terms:

• Delivery Estimates: Delivery times provided are estimates only and not guaranteed. Actual delivery times may vary based on order volume, weather conditions, traffic, and other factors.
• Delivery Hours: Delivery is available during our posted operating hours, which may vary by location and day of the week.
• Delivery Address: You are responsible for providing an accurate and complete delivery address. We are not responsible for delays or failed deliveries due to incorrect address information.
• Delivery Receipt: Someone must be available to receive the delivery. If no one is available after reasonable attempts, the order may be left in a safe location at the driver's discretion, or the order may be returned.

5.4 Order Cancellation and Modification

Once an order is placed and confirmed, cancellation or modification options depend on the order status:

• Before Preparation: Orders may be cancelled or modified within 5 minutes of placement, subject to a full refund.
• During Preparation: Once preparation has begun, orders cannot be cancelled or significantly modified. Minor modifications may be accommodated at our discretion.
• In Transit: Orders that are out for delivery cannot be cancelled. Refused deliveries may not be eligible for refund.

To request a cancellation or modification, please contact us immediately at +1 504-528-9393.

5.5 Minimum Order Requirements

Delivery orders are subject to minimum order requirements, which may vary by location and time of day. The minimum order amount will be clearly displayed during checkout. Orders that do not meet the minimum may be subject to a small order fee or may not be eligible for delivery.

5.6 Delivery Zone Restrictions

Our delivery service is only available within our designated delivery zones. Delivery availability will be verified during checkout based on the provided delivery address. We reserve the right to refuse orders outside our delivery zones or in areas with safety concerns.

5.7 Food Quality Guarantee

We are committed to delivering fresh, high-quality food. Our food quality guarantee includes:

• If your order arrives incorrect, cold, or with quality issues, please contact us within 30 minutes of delivery
• We may offer a replacement, refund, or credit at our discretion based on the circumstances
• We reserve the right to request photos or return of the product for verification
• This guarantee does not apply to orders left unattended for extended periods

5.8 Temperature-Sensitive Item Handling

Our delivery team takes precautions to maintain proper food temperatures during transport. However, once the order is delivered and accepted, the customer assumes responsibility for safe food handling and storage. For food safety, we recommend consuming hot items immediately upon delivery and properly refrigerating any leftovers.

6. Products and Services

6.1 Product Descriptions and Accuracy

We strive to provide accurate descriptions and images of our menu items. However, actual products may vary slightly from images shown on our website due to photography, display settings, and natural variations in food products. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

6.2 Pricing and Availability

All prices displayed on our website are in US Dollars and are subject to change without notice. Prices do not include delivery fees, applicable taxes, or gratuity unless otherwise stated. We reserve the right to:

• Modify prices at any time
• Limit quantities available for purchase
• Discontinue any product without notice
• Refuse or cancel any order for any reason

6.3 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. If we cancel your order after payment has been processed, we will provide a full refund.

6.4 Payment Terms

We accept various forms of payment including major credit cards, debit cards, and select digital payment methods. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the total order amount, including taxes, fees, and gratuity. All payments are processed securely through our third-party payment processors.

6.5 Returns and Refunds

Due to the perishable nature of food products, we do not accept returns. However, if there is an issue with your order, please contact us immediately. Our refund policy is detailed in our separate Refund Policy page. Refund eligibility is determined on a case-by-case basis and is subject to verification.

7. Intellectual Property

7.1 Our Intellectual Property

The Imos Pizza name, logo, trademarks, service marks, trade dress, and all content on our website including but not limited to text, graphics, images, photographs, icons, audio clips, digital downloads, data compilations, and software are the exclusive property of Imos Pizza or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Services and content for personal, non-commercial purposes. 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, information, or products obtained from our Services
• Use any data mining, robots, or similar data gathering and extraction methods
• Download any content unless expressly permitted
• Use our content for any commercial purpose without our prior written consent

7.3 User Content License

By submitting, posting, or transmitting any content through our Services (including reviews, photos, comments, or other materials), you grant Imos Pizza a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or platform. You represent and warrant that you own or have the necessary rights to grant this license.

7.4 Copyright Infringement

If you believe that any content on our Services infringes your copyright, please contact us at [email protected] with the following information:

• Description of the copyrighted work claimed to have been infringed
• Description of where the allegedly infringing material is located
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your electronic or physical signature

8. User Content

8.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. You agree that any content you provide will be accurate, not misleading, and will not violate any applicable laws or these Terms.

8.2 Prohibited Content

You agree not to submit, post, or transmit any content that:

• Is false, misleading, or fraudulent
• Is defamatory, obscene, pornographic, vulgar, or offensive
• Promotes discrimination, bigotry, racism, hatred, or violence against any individual or group
• Violates any intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Constitutes spam or unauthorized advertising
• Violates the privacy or publicity rights of others
• Is illegal or encourages illegal activity

8.3 Right to Remove Content

We reserve the right, but are not obligated, to review, monitor, edit, or remove any user content at our sole discretion and without notice, for any reason, including content that we determine violates these Terms or may be offensive, illegal, or harmful to others.

8.4 No Endorsement

User content does not reflect the views or opinions of Imos Pizza. We do not endorse, guarantee, or assume responsibility for any user content or any opinion, recommendation, or advice expressed therein.

9. Disclaimers

9.1 "As Is" Service Provision

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty of Uninterrupted Service

We do not warrant that:

• Our Services will be available at all times or without interruption
• Our Services will be error-free or that defects will be corrected
• Our Services will be free from viruses or other harmful components
• Any information or content obtained through our Services will be accurate or reliable
• Our Services will meet your expectations or requirements

9.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites or display content from third parties. We do not control, endorse, or assume any responsibility for any third-party content, websites, products, or services. Your interactions with third parties are solely between you and that third party.

9.4 Professional Advice Disclaimer

The content on our website is provided for general informational purposes only and is not intended to constitute professional advice, including but not limited to nutritional, dietary, or medical advice. Always consult with qualified professionals regarding any dietary concerns, allergies, or health conditions.

10. Limitation of Liability

10.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMOS PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, OR AFFILIATES BE LIABLE FOR ANY DAMAGES EXCEEDING THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

10.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Personal injury or property damage
• Any damages resulting from your reliance on our Services
• Any damages resulting from unauthorized access to or alteration of your transmissions or data

REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

10.3 Essential Purpose

The limitations in this section shall apply even if any limited remedy provided herein fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10.4 Jurisdictional Variations

Certain jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Imos Pizza, its officers, directors, employees, agents, franchisees, licensors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any rights of any third party
• Any content you submit, post, or transmit through our Services
• Any fraudulent or illegal activity conducted by you

11.2 Defense and Settlement

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

11.3 Survival

This indemnification obligation shall survive the termination of your account and your use of our Services.

12. Third-Party Links and Services

12.1 No Responsibility for Third Parties

Our Services may contain links to third-party websites, services, applications, or resources that are not owned or controlled by Imos Pizza. We are not responsible for the content, privacy policies, practices, or conduct of any third-party websites or services. We do not monitor, verify, or endorse any third-party content or information.

12.2 Third-Party Terms Apply

Your use of any third-party websites or services is subject to the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any third-party websites or services you visit or use.

12.3 No Endorsement

The inclusion of any link does not imply our endorsement, recommendation, or approval of the linked website or its content, products, services, or operators. You access third-party websites and services at your own risk.

13. Termination

13.1 Company Right to Terminate

We may, in our sole discretion, suspend, disable, or terminate your access to our Services and/or your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms of Service
• Conduct that we determine is harmful to other users, our business, or third parties
• Fraudulent, abusive, or illegal activity
• Requests from law enforcement or government agencies
• Discontinuation or modification of our Services
• Technical or security issues

13.2 User Right to Terminate

You may terminate your account at any time by contacting us at [email protected]. Upon your request, we will deactivate your account and, subject to our data retention policies and applicable laws, delete your personal information in accordance with our Privacy Policy.

13.3 Effect of Termination

Upon termination of your account:

• Your right to access and use our Services will immediately cease
• Any unused credits, rewards, or loyalty points may be forfeited
• Any pending orders may be cancelled
• We may retain certain information as required by law or for legitimate business purposes

13.4 Survival of Provisions

The following provisions shall survive termination of these Terms: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Disputes, and any other provisions that by their nature should survive termination.

14. Governing Law and Disputes

14.1 Applicable Law

These Terms of Service and any disputes arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will make good faith efforts to resolve any dispute within thirty (30) days of receipt of your complaint.

14.3 Arbitration Agreement

If we are unable to resolve a dispute informally, you and Imos Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services (except for claims that may be brought in small claims court) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in New Orleans, Louisiana, unless you and we agree to a different location or to conduct the arbitration by telephone or online.

14.4 Class Action Waiver

YOU AND IMOS PIZZA 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. Unless both you and we 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.

14.5 Jurisdiction and Venue

For any disputes not subject to arbitration, or if the arbitration provision is found to be unenforceable, you agree that such disputes shall be brought exclusively in the state or federal courts located in Orleans Parish, Louisiana, and you consent to the personal jurisdiction of such courts.

15. Changes to Terms

15.1 Right to Modify

We reserve the right to modify, amend, or update these Terms of Service at any time at our sole discretion. We may make changes for various reasons, including but not limited to:

• Compliance with legal or regulatory requirements
• Changes to our Services or business practices
• Security or safety reasons
• Clarification or improvement of existing provisions

15.2 Notification of Changes

When we make material changes to these Terms, we will provide notice through one or more of the following methods:

• Posting a notice on our website
• Sending an email to the address associated with your account
• Displaying a prominent notification when you access our Services
• Updating the "Last Updated" date at the top of these Terms

15.3 Continued Use Constitutes Acceptance

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 modified Terms, you must stop using our Services and, if applicable, delete your account.

15.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We encourage you to bookmark this page and check back regularly.

16. General Provisions

16.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, Cookie Policy, Refund Policy, and any other legal notices or policies published on our website, constitute the entire agreement between you and Imos Pizza regarding your use of our Services and supersede all prior and contemporaneous agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

16.3 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 Imos Pizza.

16.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without notice to you.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, epidemics or pandemics, power outages, internet disruptions, or other force majeure events.

16.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16.7 Electronic Communications

By using our Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the following information:

17.1 Response Times

We strive to respond to all inquiries within 2-3 business days. For urgent matters related to active orders, please call our customer service line during business hours for immediate assistance.

17.2 Legal Notices

For legal notices or formal complaints, please send correspondence to our physical address via certified mail with return receipt requested.

Thank you for choosing Imos Pizza. We appreciate your trust in our services and are committed to providing you with an exceptional pizza experience.