1. INTRODUCTION AND ACCEPTANCE
Welcome to spizzicorestaurant.ca. spizzicorestaurant.ca (“Website”) is an interactive online service operated by Spizzico Ristorante Pizzeria (“us”, “we”, or “our”).
2. CHANGES TO TERMS
3. INTELLECTUAL PROPERTY
4. SCOPE OF USE AND USER E-MAIL
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws.
The commercial use, reproduction, transmission or distribution of any information, or other material available through the Website without the prior written consent of Spizzico Ristorante Pizzeria is strictly prohibited.
5. COPYRIGHT AND TRADEMARKS
The materials at this Website, as well as the organization and layout of this Website, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include Spizzico Ristorante Pizzeria’s copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Spizzico Ristorante Pizzeria.
Except as expressly provided under the “Scope of Use” and “Conditions for Linking to Website” Sections, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Spizzico Ristorante Pizzeria.
Spizzico Ristorante Pizzeria respects the intellectual property rights of others and expects our Users/ users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
6. USER REPRESENTATIONS
By using the Website, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you are not a minor in the jurisdiction in which you reside;
you will not access the Website through automated or non-human means, whether through a bit, script or otherwise;
you will not use the Website for any illegal or unauthorized purpose; and
your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
7. USER REGISTRATION
You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
All products are subject to availability. We reserve the right to discontinue any products at any time for any reasons. Prices for all products are subject to change.
You do not have the rights to share or sell the product to third parties, resell, sub-license or redistribute (even for free) the files, on its own or as a separate attachment, from any of your work.
9. PURCHASES AND PAYMENT
All orders are done through email only and payment made by wire transfer. All prices listed on the Website are in Canadian Dollar (CAD) unless otherwise noted, and are subject to change without any notice. All orders within Canada are subject to applicable taxes according to the Province. All orders outside of Canada will not incur any taxes.
10. REFUNDS POLICY
Due to the digital nature of our products, we have a no refund policy. However, we take into considerations when mishaps happen and we will try to help to the best of our abilities.
Any issue you may have, you must contact us and give us the opportunity to work with you and solve the problem. This must be done within 30 days from the date of your purchase.
Should we be unsuccessful in assisting you, a refund will only be considered if a request is made within 30 days from the date the item was purchased from us and refunds may only be granted under the following circumstances:
File is corrupted and our support team is unable to replace it.
File is misrepresented in its product description in terms of file types
Missing files within the purchase and our support team is unable to replace it.
Unfortunately, we will not be able to refund your purchase under the following situations:
You purchased the item by accident.
You do not have the correct software / lack the expertise to use the item and its file types.
You want to exchange it for another item.
You or your client no longer need the item.
You have trouble downloading the item, as our support team can assist you.
You need a partial refund for an item you have previously purchased that is now part of a big bundle.
You can not download / extract the files after purchase, as our support team can assist you, but cannot control your computer or browser.
Once a refund has been processed, the refunded item will be deleted from your account indefinitely and you agree to remove it from your computer, any potential projects it may have been used in.
All refunds are at the sole discretion of Spizzico Ristorante Pizzeria.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (Submissions) regarding the Website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
12. WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to:
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website .
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
14. CONDITIONS FOR LINKING TO WEBSITE
We hereby grant you a non-exclusive, limited licence, revocable at our discretion, for you to link to the Website home page from any Website you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the Website where the link resides, and all other locations to which such Website links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other Website(s) by us. All our rights and remedies are expressly reserved.
16. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Spizzico Ristorante Pizzeria that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
As a user of the Website, you agree not to:
Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use a buying agent or purchasing agent to make purchases on the Website.
Use the Website to advertise or offer to sell goods or services.
Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Website.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Website in order to harass, abuse, or harm another person.
Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
Use the Website in a manner inconsistent with any applicable laws or regulations.
Gathering email addresses from Spizzico Ristorante Pizzeria through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Spizzico Ristorante Pizzeria should be directed to email@example.com.
18. NO WARRANTIES
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Spizzico Ristorante Pizzeria EXPRESSLY DISCLAIMS. Spizzico Ristorante Pizzeria DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Spizzico Ristorante Pizzeria WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Spizzico Ristorante Pizzeria MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Spizzico Ristorante Pizzeria.
19. GOVERNING LAW, LOCATION AND MISCELLANEOUS
20. SEPARATE AGREEMENTS
21. USERS DISPUTES
You are solely responsible for your interactions with other Users. Spizzico Ristorante Pizzeria reserves the right, but has no obligation, to monitor disputes between you and other Users.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
23. LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Spizzico Ristorante Pizzeria SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Spizzico Ristorante Pizzeria HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Spizzico Ristorante Pizzeria SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
25. TERMS AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Effective and last updated: October 18th, 2019.