Terms and Conditions of Moga's Pizza (“Terms and Conditions”)
Terms and Conditions Effective date: April 06, 2020
This website (the “Moga’s Pizza Website”) is operated by Moga’s Pizza, Inc. The following terms and conditions (collectively called the “Terms and Conditions”) govern your use of the Moga’s Pizza Website.
By accessing the Moga’s Pizza Website, you acknowledge this notice and agree to all the Terms and Conditions set out below. If you do not agree with any of the Terms and Conditions, you should immediately discontinue using the Moga’s Pizza Website. Except where stated otherwise, the term “Moga’s Pizza” used in the Terms and Conditions includes Moga’s Pizza Inc., its licensees and their respective officers, directors, employees, suppliers, agents, affiliates, subsidiaries, successors and assigns.
Moga’s Pizza Inc. reserves the right, in its sole discretion, to change or modify any or all of these Terms and Conditions at any time, from time to time, effective immediately upon notice published on the Moga’s Pizza Website. We recommend that you refer to these Terms and Conditions regularly so you are aware of the most current update of the Terms and Conditions.
By using the Moga’s Pizza Website, you represent, warrant and covenant that: (i) you are the age of majority in your jurisdiction; (ii) your use of the Moga’s Pizza Website does not violate any applicable law, bylaw, rule or regulation and you shall comply with all of the Terms and Conditions herein; (iii) all information that you provide, including, without limitation, payment information, is true, accurate and up-to-date, and you shall maintain and update the accuracy of such information as applicable.
PRICE AND PAYMENT
You agree to pay in full the prices, including all applicable tax and delivery fees, for all of your orders placed through the Moga’s Pizza Website. You acknowledge and agree that your electronic submission through the Moga’s Pizza Website constitutes your agreement and intent to be bound by and to pay for such agreements and purchases.
DISCLAIMER,LIMITATION OF LIABILITY AND INDEMNITY
THE MOGA’S PIZZA WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE MOGA’S PIZZA WEBSITE IS AT YOUR OWN RISK.
MOGA’S PIZZA MAKES AND, BY USING OR ATTEMPTING TO USE THE MOGA’S PIZZA WEBSITE, YOU ACKNOWLEDGE THAT YOU RECEIVE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE MOGA’S PIZZA WEBSITE, ITS MATERIALS OR ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MOGA’S PIZZA WEBSITE. THE MOGA’S PIZZA WEBSITE AND/OR ITS MATERIALS AND CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MOGA’S PIZZA RESERVES THE RIGHT OT MAKE CHANGES OR IMPROVEMENTS TO THE MOGA’S PIZZA WEBSITE AT ANYTIME.
Even if advised of the possibility, under no circumstances will Moga’s Pizza or any other party involved in creating, maintaining, producing or distributing the Moga’s Pizza Website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Moga’s Pizza Website, including but not limited to reliance by you on any information obtained from the Moga’s Pizza Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction or unauthorized access to Moga’s Pizzas records, programs or services.
You agree to defend, indemnify and hold Moga’s Pizza harmless from and against all liabilities, costs and expenses including reasonable attorney’s fees, related to any violation of these Terms and Conditions by you.
THE PRICES, MATERIALS AND INFORMATION CONTAINED IN THE MOGA’S PIZZA WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE AND MAY VARY FROM THOSE PRICES CHARGED THROUGH OTHER MOGA’S PIZZA ORDERING SYSTEMS AND FROM LOCATION TO LOCATION.
PERSONAL DATA AND PRIVACY
TRADEMARKS AND COPYRIGHTS
Moga’s Pizza, Inc. owns and operates the Moga’s Pizza Website. Moga’s Pizza, Inc., mogaspizza.ca and related words, slogans, domain names, company names, and logos are trademarks and the property of Moga’s Pizza, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The material contained in the Moga’s Pizza Website, including the content, information, icons, interfaces, site design, text, menus, photographs, graphics and the selection, assembly and arrangement thereof, unless otherwise indicated, are Copyright belonging to Moga’s Pizza Inc. ALL RIGHTS RESERVED. (the above collectively referred to as the “Materials”).
RESTRICTIONS ON USE
You may not use the Materials except as specifically contemplated herein. No Materials from the Moga’s Pizza Website may be copied, reproduced, republished, posted, modified, transmitted or distributed in any way. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert the Moga’s Pizza Website or the Materials from the Moga’s Pizza Website. You may print, in hard copy, portions of the Moga’s Pizza Website only for the purpose of placing an order with Moga’s Pizza. The use of any such Materials for any other reason, on any other website, or the modification, distribution or republication of this Material without prior written permission from Moga’s Pizza, Inc is strictly prohibited.
The Materials on the Moga’s Pizza Website are provided for lawful purposes only. Your use of the Moga’s Pizza Website may not be in any manner which is contrary to any applicable local, provincial, national or international law which govern your use of the Moga’s Pizza Website. You may not use the Moga’s Pizza Website in any manner which could damage, disable or impair the Moga’s Pizza Website or interfere with any other party’s use and enjoyment of the Moga’s Pizza Website.
USE OF COMMUNICATION SERVICES
When using email services or the Moga’s Pizza Website communication services, you agree to only send and receive messages and material that are proper, legal and for the purposes in which they are provided. You shall not use such email services or communication services:
-in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
-to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others -to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, abusive, indecent or unlawful material or information
-to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
-to upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; or
-to advertise or offer to sell any goods or services or engage in any other activities for any commercial purpose.
You acknowledge that the communications services are public and not private communications. Further, you acknowledge that Moga’s Pizza, Inc. does not endorse communications by yourself and others, and such communications shall not be considered reviewed, screened or approved by Moga’s Pizza, Inc. Moga’s Pizza has no obligation to monitor the communication services but reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever.
You acknowledge that any submissions, information, materials, suggestions or ideas provided to the Moga’s Pizza Website (collectively the “Submission”) become the property of Moga’s Pizza, including all copyright, without reservation, and you waive in favour of Moga’s Pizza any and all moral rights in such Submission. You acknowledge and agree that all or any portion of the Submission may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media or technology for the full term of any copyright that may exist in such Submission, without compensation of any kind to you.
By presenting the Submission, you automatically represent and warrant that you have the full right and authority to submit such Submission, and that none of such Submission is subject to any copyright or other proprietary right of a third party.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Province of Ontario, Canada, notwithstanding any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of courts in the Judicial District of York in Ontario in all disputes arising out of or relating to these Terms and Conditions and the use of the Moga’s Pizza Website.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
All prices quoted in the Moga’s Pizza Website are in Canadian dollars.
Moga’s Pizza is not responsible for the contents contained in any linked site. Any links provided by the Moga’s Pizza Website are provided for your interest or convenience and do not represent or imply any endorsement by Moga’s Pizza of such linked site.