Terms of Service

Please read these Terms of Service carefully before using the website located at chick-imos.rest or placing any order through our food service platform. By accessing or using our website, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Imos Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website at chick-imos.rest and all related services, features, content, and applications offered by us (collectively, the "Services").

By accessing, browsing, or using our website in any manner, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age or the age of majority in your jurisdiction;
• You have the legal authority and capacity to enter into this Agreement;
• If you are using the Services on behalf of an organization or entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with any part of these Terms, you must immediately discontinue your use of our website and Services. Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Imos Pizza operates a food service business accessible through the website chick-imos.rest. Our Services include, but are not limited to:

• Online Ordering: We provide an online ordering platform that allows customers to browse our menu, customize food items, place orders for delivery or pickup, and process payments.
• Menu Information: We publish information about our food offerings, including descriptions, ingredients, pricing, and nutritional information where available.
• Promotions and Offers: We may offer special promotions, discount codes, loyalty rewards, and limited-time offers through our website or email communications.
• Customer Account Services: We may offer registered account services that allow customers to save order history, store delivery addresses, manage preferences, and track orders.
• Customer Support: We provide customer support services accessible via email at [email protected] to address inquiries, complaints, and order-related concerns.
• Third-Party Delivery Integration: We may integrate with third-party delivery platforms or services to facilitate the delivery of food orders to your specified location.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services.

The availability of menu items, pricing, and service areas may vary based on location, time of day, and other operational factors. All menu items are subject to availability, and we reserve the right to substitute or remove items at our discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account;
• Maintain the security and confidentiality of your account login credentials;
• Promptly notify us of any unauthorized use of your account or any other security breach;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Be present or ensure a responsible adult is present at the delivery address to receive food orders;
• Provide accurate delivery addresses and contact information to ensure successful fulfillment of orders;
• Pay all charges associated with your orders, including applicable taxes and delivery fees.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities while using our Services:

• Submitting false, fraudulent, or misleading information in connection with any order or account registration;
• Using the Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Attempting to gain unauthorized access to any portion of our website, server, or any systems or networks connected to our Services;
• Engaging in any form of automated data collection, including scraping, crawling, or harvesting information from our website without express written consent;
• Using bots, scripts, or other automated tools to interact with our ordering system or website;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Transmitting any malware, viruses, or other harmful code through our website;
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein;
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying our Services;
• Posting, transmitting, or sharing any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Placing fraudulent orders or attempting to obtain food or services without proper payment;
• Abusing promotional offers, discount codes, or loyalty rewards in ways not intended by our promotional terms;
• Reselling or redistributing our Services or food products for commercial purposes without our express written authorization.

We reserve the right to investigate and take appropriate legal and technical action against anyone who, in our sole discretion, violates these provisions, including reporting to law enforcement authorities and cooperating with investigations of fraudulent or illegal activities.

4. Account Registration and Security

Certain features of our Services may require you to create an account. When creating an account, you agree to provide truthful and accurate registration information. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

You agree to immediately notify us at [email protected] 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 this security obligation.

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, third parties, our business interests, or for any other reason.

5. Intellectual Property Rights

5.1 Ownership of Content

All content, materials, and intellectual property available on or through our website and Services, including but not limited to text, graphics, logos, images, photographs, icons, audio clips, digital downloads, data compilations, software, trade names, trademarks, service marks, and other proprietary information (collectively, "Content"), are the exclusive property of Imos Pizza or its licensors and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and Services solely for your personal, non-commercial use for the purpose of placing food orders and accessing the information we make available. This license does not include:

• Any resale or commercial use of our website or its Content;
• The collection and use of any product listings, descriptions, or pricing for any purpose other than personal ordering;
• Any derivative use of our website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.3 Trademark Notice

All trademarks, service marks, logos, and trade names displayed on our website are registered or unregistered marks of Imos Pizza or third parties. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name without our prior written consent.

5.4 User-Submitted Content

If you submit any content to us (including reviews, feedback, suggestions, or photos), you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content in connection with our Services. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe any third-party rights.

6. Payment Terms

6.1 Pricing and Payment

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable sales tax as required by state and local law. Prices may vary by location and are subject to change without notice. The final price of your order, including any applicable taxes, fees, and delivery charges, will be displayed prior to order confirmation.

6.2 Payment Methods

We accept various forms of payment as indicated at checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the total order amount to your selected payment method.

6.3 Order Confirmation

An order is not confirmed until you receive an order confirmation from us. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed fraudulently or in violation of these Terms. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.

6.4 Refund and Cancellation Policy

Once a food order has been confirmed and preparation has begun, cancellations may not be possible. If you experience an issue with your order, such as receiving incorrect items or a quality concern, please contact us at [email protected] promptly. Refunds, credits, or replacements will be evaluated on a case-by-case basis at our sole discretion in accordance with applicable consumer protection laws.

6.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions associated with each offer. Promotional codes are non-transferable, may not be combined with other offers unless expressly stated, and are valid only for the period specified. We reserve the right to revoke or modify promotional offers at any time.

7. Food Safety and Allergen Disclaimer

While we strive to maintain the highest standards of food safety and quality, we make no guarantee that our food products are free from allergens, including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, or other common allergens. Our food may be prepared in facilities that handle these allergens.

If you have known food allergies or dietary restrictions, you are strongly encouraged to contact us directly at [email protected] before placing an order to discuss your specific needs. We are not liable for any allergic reactions or health consequences resulting from the consumption of our food products.

8. Third-Party Links and Services

Our website may contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the terms and privacy policies of any third-party sites you visit.

Our inclusion of third-party links does not imply endorsement of, or affiliation with, those websites or their operators. We are not responsible for any damages or losses caused or alleged to be caused by or in connection with your use of any third-party websites or services.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND ALL CONTENT, PRODUCTS, AND INFORMATION PROVIDED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR FITNESS OF ANY FOOD PRODUCT FOR ANY PARTICULAR PURPOSE.

We do not warrant that our website will meet your requirements or that the results obtained from using our Services will be accurate or reliable. No advice or information, whether oral or written, obtained by you from us through our Services shall create any warranty not expressly stated in these Terms.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL IMOS PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT ON OR THROUGH OUR SERVICES;
• ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Imos Pizza, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all 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 of Service;
• Your use of our Services, including but not limited to any content submitted by you;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any claim that your user-submitted content caused damage to a third party;
• Any fraudulent or unauthorized use of your account;
• Your negligent or intentional misconduct in connection with your use of our Services.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

To the extent that any legal proceedings are not subject to mandatory arbitration as set forth below, you agree to submit to the personal jurisdiction of the federal and state courts located within the United States for the resolution of any disputes arising under or relating to these Terms. You hereby irrevocably waive any objection to the laying of venue in such courts, and waive any claim that such courts represent an inconvenient forum.

Our Services are operated from the United States. We make no representation that our Services are appropriate or available for use in other locations. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with all applicable local laws and regulations.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive acts or practices in commerce. Customers in California may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Nothing in these Terms limits any rights you may have under applicable federal or state consumer protection laws.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us first at [email protected] to attempt to resolve any dispute informally. We will make a good-faith effort to resolve your concern within thirty (30) days of receipt of your written notice describing the nature and basis of the dispute and the relief sought.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Imos Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our Services, shall be resolved by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

13.3 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, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. Unless both you and Imos Pizza 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.

13.4 Opt-Out Right

You have the right to opt out of the arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first becoming subject to this arbitration agreement. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, neither you nor Imos Pizza can require the other to participate in an arbitration proceeding.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Services or maintain an account with us.

14.2 Termination by You

You may terminate your agreement with these Terms at any time by discontinuing your use of our Services and, if applicable, by closing your account. Please contact us at [email protected] to request account deletion.

14.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of our Services at any time, with or without notice, for any reason, including but not limited to:

• Your violation of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business;
• Fraudulent, abusive, or illegal activity;
• Non-payment of charges due;
• Extended periods of account inactivity;
• Our business decision to discontinue Services.

14.4 Effect of Termination

Upon termination of your access or these Terms, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to provisions regarding ownership, intellectual property, warranty disclaimers, indemnification, and limitations of liability.

15. Changes to Terms of Service

We reserve 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 provide notice by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our website; and/or
• Sending an email notification to registered account holders (where applicable).

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for any updates or changes. If you do not agree to the revised Terms, you must discontinue your use of our Services immediately.

Changes to these Terms will not apply retroactively and will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions or changes made for legal reasons will be effective immediately.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree to replace any invalid or unenforceable provision with a valid, enforceable provision that achieves, to the extent possible, the original objectives and economic intent of the replaced provision.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on our website, constitute the entire agreement between you and Imos Pizza with respect to your use of our Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not be construed as 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 a duly authorized representative of Imos Pizza. A waiver of any particular breach or default does not constitute a waiver of any subsequent breach or default.

18. Force Majeure

We shall not be held liable for any delay or failure to perform our obligations under these Terms or to deliver Services where such delay or failure arises from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, civil unrest, terrorism, government actions or restrictions, strikes, labor disputes, utility failures, internet or telecommunications outages, or any other event outside of our reasonable control (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

19. Electronic Communications

By using our Services, you consent to receive electronic communications from us, including but not limited to order confirmations, receipts, promotional emails, and notices regarding our Terms and policies. You agree that any agreements, notices, disclosures, or other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. However, you acknowledge that opting out of promotional communications does not affect the receipt of transactional or administrative communications related to your orders or account.

20. Children's Use of Services

Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13 years of age, you are not permitted to use our Services. If we become aware that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information promptly.

If you believe we may have inadvertently collected information from a child under 13, please contact us immediately at [email protected].

21. Accessibility

We are committed to making our website accessible to all users, including individuals with disabilities. We strive to comply with applicable web accessibility standards. If you experience any accessibility barriers on our website, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs and resolve any accessibility concerns.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to exercise any legal rights available to you under applicable law, please contact us using the information below:

We will make our best effort to respond to all inquiries within a reasonable timeframe. For urgent order-related matters, we recommend contacting us directly via email at [email protected] for the fastest response.