Terms of Service

Please read these Terms of Service carefully before using the Papa Ginos website located at papaginos.click or placing any order through our platform. By accessing or using our services, you agree to be legally bound by these Terms of Service.

1. Acceptance of Terms

By visiting, browsing, or using the website papaginos.click (hereinafter referred to as the "Website"), placing an order, creating an account, or otherwise engaging with any services provided by Papa Ginos (hereinafter referred to as "Papa Ginos," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as "Terms"), along with our Privacy Policy and any other policies referenced herein.

If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Website and all associated services. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Papa Ginos.

By using this Website, you represent and warrant that:

• You are at least eighteen (18) years of age, or you are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal capacity and authority to enter into a binding contract;
• You are not prohibited by any applicable law from using the services offered through this Website;
• All information you provide to us is accurate, complete, and current.

2. About Papa Ginos

Papa Ginos is a food service business operating in the United States, offering customers the ability to browse our menu, place online orders, and enjoy our food and beverage offerings. Our contact information is as follows:

3. Description of Services

Papa Ginos provides food ordering and related services through our Website. Our services include, but are not limited to, the following:

3.1 Online Food Ordering

Customers may browse our digital menu, customize food and beverage selections, and submit orders for delivery or pickup. The availability of menu items, delivery areas, and service hours may vary and are subject to change without prior notice.

3.2 Account Services

Users may create personal accounts on our Website to streamline the ordering process, save preferred delivery addresses, view order history, and manage payment preferences. Account creation is optional but may be required to access certain features of the Website.

3.3 Promotions and Loyalty Programs

From time to time, Papa Ginos may offer promotional discounts, loyalty rewards, special deals, and coupon codes. The terms and conditions governing specific promotions will be published separately and are incorporated herein by reference. Promotions are subject to availability and may be discontinued at any time without prior notice.

3.4 Customer Support

We provide customer support services accessible through email and other communication channels made available on our Website. Our team is dedicated to addressing inquiries, concerns, and complaints related to our food services and online platform.

3.5 Third-Party Delivery Integration

Papa Ginos may partner with third-party delivery service providers to fulfill delivery orders. Your use of third-party delivery platforms is governed by their respective terms of service and privacy policies. Papa Ginos is not liable for the acts or omissions of third-party delivery partners.

4. User Obligations and Prohibited Activities

4.1 User Obligations

As a condition of your use of the Website and our services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Keep your account credentials confidential and notify us immediately of any unauthorized access or use;
• Use the Website only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, and federal laws and regulations of the United States;
• Ensure that any person who accesses the Website using your account credentials has been authorized by you and agrees to these Terms;
• Promptly update any account information to ensure it remains accurate and current.

4.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, illegal, or unauthorized purpose;
• Attempt to gain unauthorized access to our systems, servers, databases, or networks;
• Submit false, misleading, or duplicate orders;
• Use automated tools, bots, scrapers, or other technologies to collect data from the Website without prior written consent;
• Transmit any viruses, malware, spyware, or other harmful software through the Website;
• Harass, threaten, intimidate, or abuse our staff, delivery personnel, or other users;
• Engage in any activity that disrupts, overloads, or impairs the functionality of our Website or servers;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website without express written permission;
• Post or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Circumvent any security or access control measures implemented by Papa Ginos;
• Misuse promotional codes, rewards, or discount offers in a manner inconsistent with their intended purpose;
• Impersonate any individual, entity, or representative of Papa Ginos.

Papa Ginos reserves the right to investigate suspected violations and take appropriate legal or administrative action, including suspending or terminating your account, reporting activities to law enforcement, and seeking damages to the fullest extent permitted by law.

5. Account Registration and Security

To access certain features of the Website, you may be required to create an account. When registering, you must provide a valid email address, create a secure password, and supply any other information requested during the registration process.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Papa Ginos will not be held liable for any loss or damage arising from your failure to protect your account credentials. If you suspect that your account has been compromised, please contact us immediately at [email protected].

Papa Ginos reserves the right to suspend or terminate any account that we reasonably believe has been used fraudulently, in violation of these Terms, or in any manner that may harm other users or our business operations.

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

All orders placed through the Website are subject to acceptance by Papa Ginos. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear fraudulent, orders that cannot be fulfilled due to ingredient or inventory shortages, or orders placed in error. A confirmation message or email does not constitute our final acceptance of an order; acceptance occurs when we begin preparing your order.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, or service charges unless explicitly stated. Papa Ginos makes every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any affected orders and notify you accordingly.

6.3 Payment Methods

We accept payment through the methods listed at checkout, which may include major credit cards, debit cards, digital wallets, and other accepted payment instruments. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information provided is accurate.

6.4 Sales Tax

Applicable sales taxes will be calculated and added to your order total at checkout in accordance with the tax laws of the applicable state and local jurisdiction within the United States.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has begun. If you experience a problem with your order — such as receiving incorrect items, missing items, or food quality issues — please contact us within twenty-four (24) hours of receiving your order at [email protected]. Refunds or replacements will be evaluated on a case-by-case basis at our sole discretion.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, photographs, icons, images, audio and video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the exclusive property of Papa Ginos or its licensors and is protected by United States copyright, trademark, trade dress, and other intellectual property laws.

7.2 Limited License

Papa Ginos grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in connection with placing food orders and using our services as intended. This license does not include the right to:

• Reproduce, copy, modify, or distribute any Content;
• Create derivative works based on the Content;
• Commercially exploit any portion of the Website or its Content;
• Use data mining, scraping, or similar data gathering methods;
• Frame or mirror any portion of the Website on another website without written consent.

7.3 Trademarks

The name "Papa Ginos," our logo, and all related marks, product names, and slogans are trademarks or registered trademarks of Papa Ginos in the United States. Nothing in these Terms grants you any right to use our trademarks without prior written permission.

7.4 User-Submitted Content

If you submit reviews, feedback, photos, or other content to the Website, you grant Papa Ginos a 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 worldwide. You represent that you own or have obtained all necessary rights and permissions to submit such content.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY PAPA GINOS ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW.

PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES REGARDING THE TIMELINESS OF DELIVERY OR FULFILLMENT OF ORDERS.

Papa Ginos does not warrant that the Website will meet your specific requirements or that defects in the Website will be corrected. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from such activity.

Food allergen information and nutritional data provided on the Website are for general informational purposes only. Customers with food allergies or dietary restrictions should contact us directly at [email protected] before placing an order. Papa Ginos cannot guarantee that our food products are free from allergens due to the nature of food preparation environments.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE IN WHICH YOU RESIDE, PAPA GINOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR PERSONAL DATA;
• ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING DELIVERY PARTNERS;
• ANY ERRORS, INTERRUPTIONS, OR DELAYS IN WEBSITE FUNCTIONALITY.

IN NO EVENT SHALL PAPA GINOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PAPA GINOS IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of the Website or our services;
• Your violation of any applicable law, rule, or regulation of the United States or any applicable state;
• Your infringement of any intellectual property rights, privacy rights, or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Any dispute between you and a third-party delivery partner or other service provider.

Papa Ginos reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the laws of the applicable state in which Papa Ginos operates, without regard to any conflict of law provisions that would require the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising from or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

If you are a consumer in a state with consumer protection laws that provide additional rights, nothing in these Terms is intended to waive any rights you may have under such applicable state consumer protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the consumer protection provisions of the Federal Trade Commission Act (FTC Act).

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website and services, you agree to first attempt to resolve the matter informally by contacting Papa Ginos at [email protected]. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving notice.

12.2 Binding Arbitration

If the dispute cannot be resolved informally within the thirty (30) day period, you and Papa Ginos agree that any unresolved dispute shall be submitted to final and binding arbitration conducted by a recognized arbitration body in the United States, in accordance with its applicable commercial arbitration rules. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding upon both parties. Judgment on the arbitration award may be entered 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 DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Nothing in this section shall limit a party's ability to seek such relief in connection with intellectual property infringement claims.

13. Term and Termination

13.1 Duration

These Terms of Service shall remain in full force and effect for as long as you continue to use the Website or maintain an account with Papa Ginos. Your right to use the Website and our services continues until these Terms are terminated by either party.

13.2 Termination by You

You may terminate your use of our services at any time by ceasing to access the Website. If you have created an account, you may request deletion of your account by contacting us at [email protected]. Termination of your account does not relieve you of any obligations arising prior to termination, including any outstanding payment obligations.

13.3 Termination by Papa Ginos

Papa Ginos reserves the right to suspend or permanently terminate your access to the Website and our services at any time and without prior notice if we reasonably determine that:

• You have violated any provision of these Terms;
• Your conduct poses a risk of harm to Papa Ginos, its employees, other users, or third parties;
• You have engaged in fraudulent, abusive, or illegal activity;
• Your account has been inactive for an extended period;
• Such action is required by applicable law or court order.

13.4 Effect of Termination

Upon termination, your right to use the Website and all associated services shall immediately cease. Provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution — shall survive and remain in full force and effect.

14. Changes to Terms of Service

Papa Ginos reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our discretion, notify you via email or through a prominent notice on the Website.

Your continued use of the Website or our services after any such changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately cease using the Website and, if applicable, request deletion of your account.

We encourage you to review these Terms periodically to stay informed of any updates or changes. It is your responsibility to check this page regularly.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

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). Please refer to our Privacy Policy for detailed information about your rights and how to exercise them.

16. Third-Party Links and Content

The Website may contain links to third-party websites, platforms, and services that are not owned or controlled by Papa Ginos. We provide these links solely for your convenience and do not endorse, monitor, or assume responsibility for the content, privacy practices, or terms of service of any third-party websites. Your interactions with third-party websites are governed by their respective terms and policies.

Papa Ginos shall not be liable for any loss or damage arising from your use of or reliance on any third-party website or content accessed through our Website.

17. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, labor disputes, power outages, internet or telecommunications failures, or other unforeseen events.

In the event of a force majeure event, we will make reasonable efforts to notify you and to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any single provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the original provision.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms and conditions published on the Website, constitute the entire agreement between you and Papa Ginos with respect to your use of the Website and our services. These Terms supersede all prior or contemporaneous agreements, representations, warranties, understandings, and negotiations, whether written or oral, between you and Papa Ginos relating to the same subject matter.

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

20. No Agency or Partnership

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Papa Ginos. You do not have authority to make any representations, warranties, or commitments on behalf of Papa Ginos, and you agree not to attempt to do so.

21. Electronic Communications and Notices

By using our Website and providing your email address, you consent to receive electronic communications from Papa Ginos, including but not limited to order confirmations, promotional materials, and notices regarding changes to these Terms. You agree that any notices, agreements, or disclosures that we provide electronically will satisfy any legal communication requirements. You may opt out of marketing communications at any time by following the unsubscribe instructions included in any such communication.

22. Applicable Consumer Protection Laws

These Terms are designed to comply with applicable federal and state consumer protection laws in the United States. In particular:

• FTC Act Compliance: Papa Ginos is committed to fair business practices in accordance with the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in or affecting commerce.
• California Residents (CCPA/CPRA): If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). These rights include the right to know what personal information is collected, the right to delete personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. Please review our Privacy Policy for more details.
• State-Specific Rights: Depending on your state of residence, you may have additional consumer protection rights under applicable state laws. Nothing in these Terms waives or limits any rights you may have under applicable state consumer protection statutes.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation or submit a complaint, please contact us using the information below:

We are committed to addressing your concerns in a timely and professional manner. Please allow up to five (5) business days for a response to your inquiry.