Terms & Conditions
WEBSITE TERMS OF USE
1. Independent Ownership
PIZZAVILLE® is a registered Canadian trademark owned by Pizzaville Inc. (“PHO”). Each PIZZAVILLE® store is an independently owned and operated legal entity, which is separate and distinct from PHO and all other franchised stores. The PIZZAVILLE® trademarks are used under license from PHO by each franchised store.
2. Terms of Use
Pizzaville Inc. (“PHO”) maintains a web site currently located at www.pizzaville.ca (the “Site”) which allows customers, employees, franchisees and others to access and review menu and nutrition information, view store locations, order food, review information concerning franchising, company contact information, company history, FAQ, career information, and access other information relating to the PIZZAVILLE® franchised system (the “Content”). Franchise information on the Site does not constitute an offering for the sale of a franchise. Such offering is only commenced by the delivery of a Franchise Disclosure Document to you in compliance with provincial law. The Site is provided to you subject to your compliance with these terms and conditions of use (“Terms of Use”). By accessing or using the Site you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the Site.
3. Modifications to the Terms of Use
PHO reserves the right to change these Terms of Use at any time and your continued access to or use of the Site after such changes indicates your acceptance of these Terms of Use as modified. It is your responsibility to review these Terms of Use regularly.
4. IP Protocol Addresses and Web Logs
This Site's web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-Personal Information usage of IP Addresses described above we may also record your IP address for fraud prevention purposes.
5. Copyright And Trade-Mark Notices
© 2017 Pizzaville Inc. All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of PHO, except to the extent that such use is for your personal, non-commercial use (to request such consent, please contact Pizzaville Inc., 741 Rowntree Dairy Road, Woodbridge, ON L4L 5T9). All copies must include this copyright notice.
PIZZAVILLE, PIZZAVILLE & Design, CHICKEN POPPERS, IT WAS A RAINY DAY, FLIP YOUR LID!! are trademarks of PHO registered in Canada.
6. Electronic Communications
When you visit www.pizzaville.ca or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Copyrighted Content
PHO either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, or has obtained the permission of the owner of the intellectual property in such content to use the content on our website.
8. Viruses
The downloading of Content is done at your own risk. PHO cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.
9. Disclaimer and Limitation of Liability
The site and the content are provided “as is” without warranty or condition of any kind. Use of the site or the content is at your own risk. PHO does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the site or the content. PHO does not assume any responsibility for any errors, omissions or inaccuracies in the Site or the Content.
To the fullest extent permitted by law, PHO disclaims all warranties, representations and conditions of any kind with respect to the site and the content whether express, implied or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the site or the content are or will be error-free or will operate without interruption. In no event will PHO be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages or any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not PHO is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the site or the content.
10. Communications Not Confidential
PHO does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site. If you wish to provide information of a confidential or sensitive nature to PHO, please contact us directly by telephone.
11. No Unlawful or Prohibited Use
You agree that you will not, without our prior written permission, use the Site and the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms of Use. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms of Use, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited.
12. Ownership
All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by PHO and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.
13. Third Party Sites
The Site may provide links to third party web sites. PHO does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under our control and if you choose to access any such web site, you do so entirely at your own risk.
14. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. PHO MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHO DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF PHO IS AWARE OF THEM.
15. LIMITATION ON LIABILITY
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHO AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF PHO EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
16. Indemnification
You agree to indemnify, defend and hold harmless PHO from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable legal fees arising out of, or in connection with your violation of these Terms and Conditions as well any claims arising from any unauthorized uses you may make of the Content on the Site.
17. Governing Law
All PHO Sites and Services are controlled, operated and administered by PHO from its offices within Canada. PHO makes no representation or warranty that a PHO Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a PHO Site from outside Canada, you are responsible for compliance with all applicable laws. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. By accessing the Site or using the Services, you agree to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
18. General Provisions
These Terms of Use, the Terms of Service and our Privacy Policy, including any documents referenced herein or therein, constitute the entire agreement between PHO and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PHO with respect to the Site and the Services. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, the Terms of Service and our Privacy Policy, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
19. Privacy
Please review our Privacy Policy located at www.pizzaville.ca/privacy, which also governs your visit to www.pizzaville.ca, to understand our privacy practices.
20. More Information
For more information about the terms and conditions of use, or to request permission to reproduce or distribute material on this site, please contact:
Pizzaville Inc.
741 Rowntree Dairy Road
Woodbridge, ON L4L 5T9
Telephone Number: (905) 850-0070
Facsimile: (905) 850-0339
Email Address: info@pizzaville.ca
Any rights not expressly granted herein are reserved.
