Important Notice: As described in Section 18 of these terms, titled “Dispute Resolution and Arbitration,” disputes relating to these terms and the services are subject to binding arbitration and a waiver of class action rights. Please take the time to thoroughly read this section as it affects your capacity to have a judge decide your rights individually or as part of a class action.
In order to facilitate orders for food and beverages, OPS Pizza Kitchen & Café (“we,” “us,” or “our”) offers an online service that links customers with independent pizzerias (“Pizzerias”). Customers can use the Platform to ask the Pizzeria to deliver their food or make it accessible for pick-up.
Any mention of “you” or “your” refers to the user who accesses, utilizes, or participates in the Platform in any way, as well as to each of their heirs, assigns, and succeeding individuals. If you use the Platform on behalf of a corporation, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms. If you accept these Terms on its behalf, that entity will be considered to have accepted them as well.
YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT AGREE.
Permission to Use The Platform
OPS Pizza Kitchen & Cafe hereby grants you a limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own use, and only in a manner that complies with all applicable laws that are relevant to you or your use of the Platform. This license is contingent upon your compliance with these Terms. This license may be revoked at any moment by OPS Pizza Kitchen & Café at its sole discretion. Any rights not specifically granted to you are reserved by OPS Pizza Restaurant & Café. The Platform may not be changed, duplicated, copied, distributed, or made accessible over a network so that it can be utilized concurrently by many devices. The Platform may not be rented, leased, lent, sold, redistributed, or subject to a sublicense. You risk legal action, financial penalties, and liability for infringement of intellectual property rights if you violate these license restrictions or otherwise go beyond the parameters of the license granted in these Conditions. Unless the upgrade is accompanied by a separate license, in which case the terms of that license will apply, any upgrades to the Platform will be subject to these Terms.
Registration of Accounts And Eligibility
To use the Platform, you must be at least 18 years old. By accepting these Terms, you guarantee to us that you are at least 18 years old, have never been suspended, banned, or otherwise removed from the Platform, and have complied with all applicable laws and regulations in registering for and using the Platform. You might need to sign up for an account in order to use some Platform features. You might need to give us some personal information when you sign up for an account (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You acknowledge that the data you give us is true, accurate, current, and complete, and that you will always keep it current. We could ask you for details that could be used to verify your identity and support the security of your account. You will be asked for a password when you register. You alone are in charge of protecting the privacy of your account and password. You agree to be accountable for all actions taken on your behalf.
Interactions With You
You consent to receiving communications about your order from us or the Pizzeria if you register with us or place an order with us. Both instructional and commercial content may be included in these mailings or SMS messages. Transactional emails and emails from relationships cannot be unsubscribed from. You may choose to receive informational SMS messages about your order from us or on behalf of the Pizzeria. Our SMS Terms and Conditions shall apply to how such messages are delivered.
You consent to receiving push notifications, which are messages an app sends to your mobile device even when the app is not open, when you download our mobile app to your mobile device. By going to the “settings” section of your mobile device, you can disable notifications.