Terms of Service

1. Introduction and Acceptance

Welcome to Apache Pizza ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, mobile applications, food delivery services, and all related services (collectively, the "Services") operated by Apache Pizza, located at 4 Nassau St, Dublin, D02 YX74, Ireland.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations. We reserve the right to refuse service to anyone at our sole discretion.

These Terms may be updated from time to time. We will notify you of material changes by posting the updated Terms on our website or through other communication methods. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

2. Definitions

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

• "We," "Us," "Our," or "Company" refers to Apache Pizza, an Irish food service company operating restaurants and delivery services.
• "You," "Your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website (apachplza.com), mobile applications, food delivery services, dine-in services, catering, and all related offerings.
• "Content" refers to all information, data, text, images, videos, audio, and other materials available through our Services.
• "Website" refers to our official website located at apachplza.com and all associated subdomains.
• "Account" refers to the user account you create to access certain features of our Services.
• "Order" refers to any request for food or services placed through our platform.
• "Delivery Zone" refers to the geographical areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and placing legitimate food orders
• Creating an account to manage your orders and preferences
• Contacting us for customer service or legitimate business inquiries
• Accessing promotional content and offers
• Providing feedback and reviews about our services

3.2 Prohibited Use

You are strictly prohibited from:

• Using our Services for any illegal, fraudulent, or unauthorized purposes
• Attempting to gain unauthorized access to our systems, accounts, or computer networks
• Interfering with or disrupting our Services or servers
• Transmitting viruses, malware, or any other harmful code
• Scraping, crawling, or harvesting content from our website without permission
• Using automated systems or bots to access our Services
• Impersonating another person or entity
• Violating any intellectual property rights
• Sending spam, unsolicited communications, or promotional materials
• Posting false, misleading, or defamatory content
• Attempting to reverse engineer our software or applications
• Using our Services to compete with us or for commercial gain

Any violation of these prohibited uses may result in immediate termination of your account and access to our Services, and may expose you to legal liability.

4. User Accounts

To access certain features of our Services, you may need to create a user account. When creating an account, you agree to:

• Provide Accurate Information: All information you provide must be current, complete, and accurate. You must promptly update your account information if it changes.
• Maintain Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• One Account Per Person: You may only create and maintain one account. Multiple accounts by the same person are prohibited.
• Age Requirements: You must be at least 18 years old to create an account.
• Notify Us of Unauthorized Use: You must immediately notify us if you suspect any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or for any other reason we deem appropriate. You may delete your account at any time by contacting our customer service team.

Upon account termination, your right to use our Services will immediately cease, though certain provisions of these Terms will survive termination as specified herein.

5. Products and Services

Product Descriptions and Availability

We strive to provide accurate descriptions, images, and pricing for all menu items. However:

• Menu items and prices are subject to change without notice
• Product availability may vary by location and time
• Images are for illustration purposes and actual items may vary slightly
• We reserve the right to discontinue menu items at any time

Allergen Information

IMPORTANT ALLERGEN DISCLAIMER: Our menu items may contain or come into contact with common allergens including wheat, eggs, dairy, nuts, soy, and shellfish. While we take precautions to avoid cross-contamination, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies should consult our detailed allergen information available upon request and inform staff of any allergies when ordering.

Order Processing and Acceptance

When you place an order through our Services:

• Your order constitutes an offer to purchase
• We reserve the right to accept or decline any order
• Order confirmation does not guarantee acceptance
• We may cancel orders due to pricing errors, product unavailability, or other issues
• Payment authorization does not constitute order acceptance

Delivery Services

Our delivery services are subject to the following terms:

• Delivery Zones: Delivery is available only within our designated delivery zones around Dublin
• Minimum Orders: A minimum order value may apply for delivery
• Delivery Times: Estimated delivery times are approximate and may vary due to weather, traffic, or high demand
• Delivery Fees: Delivery charges apply as displayed at checkout
• Safe Delivery: We ensure food is delivered at proper temperatures using insulated containers
• Delivery Address: You must provide a complete and accurate delivery address

Payment Terms

Payment is due at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our website. You authorize us to charge your selected payment method for the total order amount, including taxes, fees, and gratuities.

Food Quality Guarantee

We guarantee the quality and freshness of our food. If you are not satisfied with your order due to quality issues, please contact us within 2 hours of delivery for resolution. This may include replacement, credit, or refund as appropriate.

6. Intellectual Property

Our Intellectual Property

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Apache Pizza or its content suppliers and is protected by Irish and international copyright laws. Our trademarks, service marks, and trade names are proprietary to Apache Pizza.

Limited License

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

• Resale or commercial use of our Services or content
• Collection and use of product listings or descriptions
• Making derivative uses of our Services or content
• Downloading or copying account information for another party
• Using data mining, robots, or similar data gathering tools

User Content License

When you submit content to our Services (including reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any content on our Services infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

Our Services may allow you to submit, upload, or share content such as reviews, photos, comments, or feedback ("User Content"). By submitting User Content, you represent and warrant that:

Your Responsibilities

• You own or have the necessary rights to submit the content
• The content does not violate any third-party rights
• The content is accurate and not misleading
• The content complies with all applicable laws
• You will not submit prohibited content as defined below

Prohibited User Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or offensive
• Violates any intellectual property rights
• Contains false or misleading information
• Promotes discrimination, hatred, or violence
• Contains personal information of others without consent
• Contains spam, advertisements, or promotional material
• Contains viruses, malware, or harmful code
• Impersonates another person or entity

Content Moderation

We reserve the right to review, edit, or remove any User Content at our sole discretion without notice. We do not endorse any User Content and are not responsible for the accuracy or reliability of such content.

We may preserve and disclose User Content if required by law or if we believe it is necessary to comply with legal process, protect our rights, or ensure the safety of our users.

8. Disclaimers

Service Availability

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that:

• Our Services will be uninterrupted, timely, secure, or error-free
• The information on our Services is accurate, reliable, or complete
• Any defects in our Services will be corrected
• Our Services are free of viruses or other harmful components

Third-Party Content

Our Services may contain links to third-party websites, advertisements, or content. We are not responsible for examining or evaluating the content or accuracy of third-party materials and do not warrant or endorse any third-party websites, products, or services.

Professional Advice Disclaimer

Any nutritional information, dietary suggestions, or health-related content provided through our Services is for informational purposes only and should not be considered professional medical or dietary advice. Always consult with qualified professionals regarding dietary restrictions, allergies, or health concerns.

Weather and Delivery Conditions

Delivery times and availability may be affected by weather conditions, traffic, technical issues, or other factors beyond our control. We disclaim responsibility for delays or cancellations due to such circumstances.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

Maximum Liability

Our total liability to you for any damages arising from or related to these Terms or your use of our Services shall not exceed the amount you paid to us in the 12 months preceding the claim, or €100, whichever is greater.

Excluded Damages

We shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Interruption of business or loss of business goodwill
• Cost of substitute products or services
• Damages resulting from third-party actions or content
• Damages arising from your violation of these Terms

Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. The limitations in this section apply even if any limited remedy fails of its essential purpose.

Food Safety Exception

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or for any liability that cannot be excluded or limited under applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Apache Pizza, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any User Content you submit or share
• Your breach of any representation or warranty made to us
• Any claim that your use of our Services caused damage to a third party

We reserve the right 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 these claims. This indemnification obligation will survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

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

No Endorsement

The inclusion of any link does not imply endorsement by us of the site or any association with its operators. We do not warrant the offerings of any of these entities or individuals or their websites.

Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions and privacy policies. We encourage you to read these documents carefully before using any third-party services.

Payment Processors

We may use third-party payment processors to facilitate transactions. Your payment information may be processed by these third parties in accordance with their terms of service and privacy policies.

12. Termination

Termination by Us

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

• Violation of these Terms
• Fraudulent or abusive behavior
• Prolonged inactivity
• Legal or regulatory requirements
• Discontinuation of our Services

Termination by You

You may terminate your account at any time by contacting our customer service team or using the account deletion feature in your profile settings.

Effect of Termination

Upon termination:

• Your right to access and use our Services will immediately cease
• We may delete your account and all associated data
• Outstanding orders may be cancelled or fulfilled at our discretion
• Any amounts owed to us become immediately due and payable

Survival

The following sections will survive termination: Intellectual Property, User Content (license grants), Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions.

13. Governing Law and Disputes

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles. You agree that any legal action or proceeding between you and Apache Pizza shall be brought exclusively in the courts of Ireland.

Dispute Resolution Process

Before initiating any formal legal proceedings, we encourage you to contact us directly to resolve any disputes. Many disputes can be resolved quickly and amicably through direct communication.

1. Direct Contact: Contact our customer service team at [email protected]
2. Formal Complaint: If direct contact doesn't resolve the issue, submit a formal complaint in writing
3. Mediation: We may agree to participate in mediation through a qualified mediator
4. Legal Action: If other methods fail, legal action may be pursued in Irish courts

Jurisdiction and Venue

You consent to the personal jurisdiction of the courts of Ireland and agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the courts of Ireland.

Time Limitation

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

14. Changes to Terms

Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on our website
• Update the "Last Updated" date at the top of this document
• Notify you via email or through our Services for material changes
• Provide a reasonable notice period before changes take effect

Acceptance of Changes

Your continued use of our Services after any modifications to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using our Services.

Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed of any updates.

Material Changes

For material changes that significantly impact your rights or obligations, we will provide at least 30 days' notice before the changes take effect.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of our Services, constitute the entire agreement between you and Apache Pizza regarding the use of our Services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver

No waiver of any term 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.

Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our written consent. We may assign these Terms at any time without notice or consent.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government regulations.

Headings

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

Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of any conflict.