Terms of Service

Last Updated: December 15, 2024

Welcome to Pizza 73 Express. These Terms of Service ("Terms") govern your access to and use of our pizza delivery services, website, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, placing an order, or otherwise accessing or using Pizza 73 Express services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

1.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Not be prohibited from using our Services under applicable laws

1.2 Account Registration

When you create an account with Pizza 73 Express, you agree to:

• Provide truthful, accurate, and complete registration information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow others to access your account

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2. Service Description and Availability

Pizza 73 Express provides online pizza ordering and delivery services throughout Montreal and surrounding areas. Our Services include but are not limited to:

2.1 Core Services

• Online Ordering Platform: Access to our website and mobile applications for browsing menus, customizing orders, and placing delivery or pickup requests
• Delivery Services: Home and office delivery of food items within our designated service areas
• Pickup Services: Option to place orders for pickup at our location
• Account Management: Tools to manage your profile, order history, saved addresses, and payment methods
• Customer Support: Access to our customer service team via phone, email, and online chat

2.2 Service Availability

Our Services are subject to availability and may be modified, suspended, or discontinued at any time without prior notice. Service availability may vary based on:

• Geographic location and delivery zones
• Operating hours and business days
• Weather conditions and force majeure events
• Technical maintenance and system updates
• Demand levels and operational capacity
• Compliance with local regulations and health guidelines

2.3 Delivery Areas and Zones

Pizza 73 Express delivers to specific areas within Montreal and surrounding regions. Delivery availability is determined by postal code and may change without notice. We reserve the right to refuse delivery to certain locations based on safety concerns, distance limitations, or operational considerations.

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3. Ordering and Payment

3.1 Order Placement

When placing an order through Pizza 73 Express, you agree to:

• Provide accurate delivery information including complete address and contact details
• Ensure someone is available to receive the order at the specified delivery address
• Review your order carefully before submitting payment
• Acknowledge that order confirmation does not guarantee acceptance
• Understand that we reserve the right to refuse or cancel any order at our discretion

3.2 Pricing and Fees

All prices displayed on our platform are in Canadian Dollars (CAD) and include applicable taxes unless otherwise stated. Additional fees may apply:

Fee Type	Description
Delivery Fee	Variable based on distance and order value; may be waived for orders above minimum threshold
Service Fee	Platform maintenance and operational costs
Small Order Fee	Applied to orders below minimum order value
Peak Time Surcharge	May apply during high-demand periods

We reserve the right to modify prices, fees, and promotional offers at any time without prior notice. Price changes will not affect orders already placed and confirmed.

3.3 Payment Methods

Pizza 73 Express accepts the following payment methods:

• Credit cards (Visa, Mastercard, American Express)
• Debit cards
• Digital wallets (Apple Pay, Google Pay)
• Cash on delivery (where available)
• Gift cards and promotional credits

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information is accurate and current
• You will maintain sufficient funds or credit to complete transactions
• You authorize us to charge the payment method for all fees and charges

3.4 Order Confirmation and Acceptance

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
• Pricing errors or technical glitches
• Delivery address outside service area
• Suspected fraudulent activity
• Violation of these Terms
• Inability to verify payment information

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4. Delivery Terms and Conditions

4.1 Delivery Times

Estimated delivery times are approximate and may vary based on various factors including order volume, traffic conditions, weather, and distance. While we strive to deliver orders within the estimated timeframe, we do not guarantee specific delivery times.

Pizza 73 Express is not liable for delays caused by:

• Incorrect or incomplete delivery information
• Unavailability of recipient at delivery address
• Traffic congestion or road closures
• Adverse weather conditions
• Force majeure events
• High order volumes during peak periods

4.2 Delivery Requirements

To ensure successful delivery, customers must:

• Provide accurate and complete delivery address with apartment/unit numbers
• Ensure accessibility to the delivery location
• Be available to receive the order or designate an authorized recipient
• Provide working contact phone number
• Notify us of any special delivery instructions or access codes
• Ensure safe and appropriate delivery environment

4.3 Failed Deliveries

If delivery cannot be completed due to customer unavailability, incorrect address, or other customer-related issues, the order may be returned to our location. In such cases:

• No refund will be issued for the order
• Customer may arrange pickup at our location within 2 hours
• Redelivery may be arranged for an additional fee
• Food quality cannot be guaranteed after failed delivery attempt

4.4 Contactless Delivery

We offer contactless delivery options for customer safety and convenience. When selecting contactless delivery:

• Orders will be left at the specified location (doorstep, lobby, etc.)
• Delivery driver will notify you upon arrival via phone or app notification
• You are responsible for retrieving the order promptly
• Pizza 73 Express is not liable for orders left unattended per customer request

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5. Cancellations and Refunds

5.1 Order Cancellation

Customers may cancel orders under the following conditions:

• Before Preparation: Full refund available if order has not begun preparation
• During Preparation: Cancellation may not be possible; contact customer service immediately
• After Dispatch: Orders cannot be cancelled once out for delivery

To request cancellation, contact our customer service team immediately at 514-637-5210 or through the app. Cancellation requests are subject to approval and timing.

5.2 Refund Policy

Refunds may be issued in the following circumstances:

• Order cancelled before preparation begins
• Incorrect items delivered
• Missing items from order
• Food quality issues (must be reported within 30 minutes of delivery)
• Significant delivery delays exceeding 90 minutes beyond estimated time

5.3 Refund Process

Approved refunds will be processed as follows:

• Credit/debit card refunds: 5-10 business days
• Digital wallet refunds: 3-5 business days
• Account credit: Immediate application to customer account
• Cash refunds: Processed through customer service within 24 hours

5.4 Quality Guarantee

Pizza 73 Express is committed to delivering high-quality food. If you are unsatisfied with your order due to quality issues:

• Contact us within 30 minutes of delivery
• Provide photos of the issue if possible
• Retain the order for potential inspection
• We will offer replacement, credit, or refund at our discretion

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6. User Conduct and Prohibited Activities

6.1 Acceptable Use

When using Pizza 73 Express Services, you agree to:

• Use the Services only for lawful purposes
• Provide accurate and truthful information
• Treat delivery personnel and customer service staff with respect
• Comply with all applicable local, provincial, and federal laws
• Respect intellectual property rights
• Maintain the security of your account credentials

6.2 Prohibited Activities

You are expressly prohibited from:

• Using the Services for fraudulent purposes or unauthorized transactions
• Impersonating another person or entity
• Harassing, threatening, or abusing delivery personnel or staff
• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting the Services
• Using automated systems or bots to place orders
• Reverse engineering, decompiling, or disassembling our software
• Scraping, data mining, or extracting data from our platform
• Posting or transmitting malicious code or viruses
• Violating any applicable laws or regulations
• Abusing promotional offers or exploiting system vulnerabilities
• Creating multiple accounts to circumvent restrictions

6.3 Consequences of Violations

Violation of these Terms may result in:

• Immediate suspension or termination of your account
• Cancellation of pending and future orders
• Forfeiture of account credits and promotional benefits
• Legal action and pursuit of damages
• Reporting to law enforcement authorities
• Permanent ban from using our Services

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7. Intellectual Property Rights

7.1 Ownership

All content, features, and functionality of Pizza 73 Express Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Pizza 73 Express or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

The Pizza 73 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizza 73 Express or its affiliates. You may not use such marks without our prior written permission. Other names, logos, and brands are the property of their respective owners.

7.3 Limited License

Subject to your compliance with these Terms, Pizza 73 Express grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for personal, non-commercial purposes
• Download and print Content solely for personal use
• Use our mobile applications on devices you own or control

This license does not include any right to:

• Modify, reproduce, or create derivative works
• Distribute, sell, or transfer Content to third parties
• Use Content for commercial purposes
• Remove or alter copyright notices or proprietary markings

7.4 User-Generated Content

If you submit reviews, comments, photos, or other content to our platform, you grant Pizza 73 Express a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

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8. Privacy and Data Protection

8.1 Privacy Policy

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

8.2 Data Collection

We collect various types of information to provide and improve our Services:

• Account Information: Name, email address, phone number, delivery addresses
• Payment Information: Credit card details, billing address (processed securely through third-party payment processors)
• Order Information: Order history, preferences, special instructions
• Device Information: IP address, browser type, operating system, device identifiers
• Location Data: GPS coordinates, delivery addresses (with your permission)
• Usage Data: Pages visited, features used, time spent on platform

8.3 Data Security

We implement industry-standard security measures to protect your personal information, including:

• Encryption of sensitive data during transmission (SSL/TLS)
• Secure storage of payment information with PCI-DSS compliant processors
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Employee training on data protection practices

However, no method of transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

8.4 Third-Party Services

Our Services may integrate with third-party services (payment processors, analytics providers, delivery tracking systems). These third parties have their own privacy policies, and we are not responsible for their practices. We encourage you to review their policies before providing information.

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9. Disclaimers and Limitations of Liability

9.1 Service Disclaimer

Pizza 73 Express Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding quality of products or services obtained through the platform

9.2 Food Safety and Allergies

While we take food safety seriously and follow all applicable health regulations:

• We cannot guarantee that our products are free from allergens
• Cross-contamination may occur in our kitchen facilities
• Customers with food allergies or dietary restrictions use our Services at their own risk
• We recommend contacting us directly to discuss specific dietary concerns
• Ingredient information is provided for reference but may not be comprehensive

9.3 Limitation of Liability

To the maximum extent permitted by law, Pizza 73 Express and its officers, directors, employees, agents, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from use of Services
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of third parties on the platform
• Any damages arising from food allergies or dietary restrictions

In no event shall our total liability exceed the amount you paid for the specific order giving rise to the claim, or CAD $100, whichever is less.

9.4 Indemnification

You agree to indemnify, defend, and hold harmless Pizza 73 Express and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use or misuse of the Services
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Content you submit or transmit through the Services

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10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

10.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be instituted exclusively in the courts located in Montreal, Quebec, Canada. You irrevocably submit to the jurisdiction of such courts and waive any objection to venue.

10.3 Dispute Resolution Process

Before initiating formal legal proceedings, you agree to attempt to resolve disputes through the following process:

Step 1: Direct Communication

Contact our customer service team to discuss the issue and seek resolution. Many disputes can be resolved quickly through direct communication.

Step 2: Formal Complaint

If direct communication does not resolve the issue, submit a formal written complaint to our management team at info@pizza73-ca.org, including:

• Detailed description of the dispute
• Relevant order numbers and dates
• Supporting documentation (receipts, photos, correspondence)
• Desired resolution

Step 3: Mediation

If the complaint cannot be resolved within 30 days, either party may request mediation through a mutually agreed-upon mediator in Montreal, Quebec.

10.4 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.

10.5 Time Limitation

Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

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11. Modifications to Terms and Services

11.1 Right to Modify

Pizza 73 Express reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may also modify these Terms at our discretion.

11.2 Notification of Changes

Material changes to these Terms will be communicated through:

• Email notification to registered users
• Prominent notice on our website and mobile applications
• In-app notifications
• Updated "Last Modified" date at the top of this document

11.3 Acceptance of Modified Terms

Your continued use of the Services after modifications to these Terms constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

11.4 Service Changes

We may modify our Services, including but not limited to:

• Menu items and pricing
• Delivery areas and zones
• Operating hours
• Features and functionality
• Payment methods accepted
• Promotional programs and loyalty rewards

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12. Termination

12.1 Termination by User

You may terminate your account at any time by:

• Contacting customer service at 514-637-5210
• Sending a written request to info@pizza73-ca.org
• Using the account deletion feature in your profile settings

Upon termination:

• Your access to the Services will be immediately revoked
• Unused account credits will be forfeited
• Pending orders will be processed or cancelled as appropriate
• Your personal data will be handled according to our Privacy Policy

12.2 Termination by Pizza 73 Express

We reserve the right to suspend or terminate your account and access to Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward staff or delivery personnel
• Excessive chargebacks or payment disputes
• Violation of applicable laws or regulations
• Prolonged inactivity
• At our sole discretion for operational reasons

12.3 Effect of Termination

Upon termination of your account:

• All licenses and rights granted to you will immediately cease
• You must cease all use of the Services
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

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13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our platform, constitute the entire agreement between you and Pizza 73 Express regarding the Services and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

13.5 Force Majeure

Pizza 73 Express shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, storms)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Pandemics or public health emergencies
• Utility failures or telecommunications outages
• Supplier failures or shortages

13.6 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in case of any inconsistency or discrepancy.

13.7 Headings

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

13.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

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14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us: