Terms of Service

Please read these terms carefully before using our services

Last Updated: January 15, 2025

1. Introduction

Welcome to Mr. Gatti's Pizza. These Terms of Service ("Terms") govern your use of our website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our Services after any modification indicates your acceptance of the modified Terms.

2. Definitions

For the purposes of these Terms:

  • "We," "us," "our," and "Mr. Gatti's Pizza" refer to Mr. Gatti's Pizza and its affiliates.
  • "You" and "your" refer to the person accessing or using our Services.
  • "Services" refers to our website, mobile application, online ordering system, and any related services.
  • "Content" refers to text, images, photos, audio, video, and all other forms of data or communication.
  • "User Content" refers to Content that you submit or transmit to or through our Services.

3. Account Registration

To use certain features of our Services, you may be required to register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and accept all risks of unauthorized access
  • Notify us immediately if you discover or suspect any security breaches
  • Take responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.

4. Online Ordering

Our Services allow you to place orders for food and beverages for delivery or pickup. By placing an order through our Services, you:

  • Agree to pay all charges for your order
  • Authorize us to transmit your order to the nearest participating Mr. Gatti's Pizza location
  • Acknowledge that menu items, prices, and availability may vary by location
  • Understand that we may need to contact you regarding your order

We strive to ensure that all menu information is accurate, but we cannot guarantee that all items will be available at the time of your order. If an item is unavailable, we may contact you to discuss alternatives.

5. Payments and Pricing

5.1 Pricing

All prices displayed on our Services are in U.S. dollars and are subject to change without notice. Prices may vary by location and do not include applicable taxes, delivery fees, or other charges unless specifically stated.

5.2 Payment Methods

We accept various payment methods, including credit cards, debit cards, and digital wallets. By providing payment information, you represent and warrant that you are authorized to use the payment method.

5.3 Authorization

When you place an order, you authorize us to charge your payment method for the total amount of your order, including taxes, fees, and any applicable delivery charges.

5.4 Payment Processing

Payment processing services are provided by third-party payment processors. By using our Services, you agree to be bound by the payment processor's terms of service and privacy policy.

6. Delivery and Pickup

6.1 Delivery Areas

Delivery is available within designated areas surrounding each Mr. Gatti's Pizza location. Delivery areas may change without notice.

6.2 Delivery Times

Estimated delivery times are provided for convenience only and are not guaranteed. Actual delivery times may vary due to factors beyond our control, including weather, traffic, and order volume.

6.3 Order Accuracy

It is your responsibility to provide accurate delivery information. We are not responsible for orders delivered to incorrect addresses provided by you.

6.4 Pickup Orders

For pickup orders, you are responsible for collecting your order within the designated timeframe. Orders not collected within a reasonable time may be subject to cancellation.

7. Cancellations and Refunds

7.1 Order Cancellations

You may cancel your order without charge if we receive your cancellation request before food preparation has begun. Once preparation has started, cancellation may not be possible, and you may be charged for the order.

7.2 Refunds

Refunds may be issued at our discretion for orders that are incorrect, incomplete, or of unsatisfactory quality. To request a refund, please contact the Mr. Gatti's Pizza location that fulfilled your order within 24 hours of receipt.

7.3 Restaurant Discretion

Mr. Gatti's Pizza reserves the right to refuse or cancel any order at any time for any reason, including suspected fraud, unauthorized activity, or violation of these Terms.

8. Intellectual Property

All Content included in or made available through our Services, such as text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Mr. Gatti's Pizza or its content suppliers and protected by United States and international copyright laws.

The Mr. Gatti's Pizza name and logos are trademarks of Mr. Gatti's Pizza. You may not use our trademarks without our prior written permission.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services without our express written permission.

9. User Content

By submitting User Content to our Services, you grant us 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 throughout the world in any media.

You represent and warrant that you own or otherwise control all rights to the User Content you submit; that the Content is accurate; that use of the Content does not violate these Terms; and that you will indemnify us for all claims resulting from Content you supply.

10. Prohibited Activities

When using our Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Submit false or misleading information
  • Impersonate any person or entity
  • Engage in any harassing, threatening, intimidating, predatory, or stalking behavior
  • Use our Services to send unsolicited or unauthorized advertising
  • Interfere with or disrupt our Services or servers
  • Attempt to gain unauthorized access to our Services, user accounts, or computer systems
  • Use any robot, spider, or other automatic device to access our Services for any purpose
  • Place fraudulent orders or orders using stolen payment information

11. Limitation of Liability

To the fullest extent permitted by applicable law, Mr. Gatti's Pizza shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our Services
  • Any conduct or content of any third party on our Services
  • Any content obtained from our Services
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall Mr. Gatti's Pizza's aggregate liability for all claims relating to our Services exceed the greater of $100 or the amount you paid us, if any, in the past six months for the Services giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mr. Gatti's Pizza and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your use of our Services or violation of these Terms.

13. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our Services and updating the "Last Updated" date. Your continued use of our Services after any modification constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must discontinue using our Services.

15. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or our Services shall be instituted exclusively in the federal or state courts located in Travis County, Texas.

16. Contact Information

If you have any questions about these Terms, please contact us:

  • By phone: (512) 328-2020
  • By email: legal@mrgattispizza.xyz
  • By mail: Mr. Gatti's Pizza Legal Department, 5000 Plaza on the Lake, Austin, TX 78746

These Terms of Service were last updated on January 15, 2025.