Terms and Conditions

Welcome to Pitaway.com (the "Website"), operated by Pita Way ("Pita Way", "we", "us", or "our"). The following terms and conditions (the "Terms") govern your use of this Website and any services provided through it (the "Services"). By accessing or using this Website or Services, you agree to be bound by these Terms. If you do not agree with these Terms, please cease using the Website immediately.

1. Acceptance of Terms

1.1. By accessing, browsing, or otherwise using the Website or Services, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy ("Privacy Policy"), which is incorporated into these Terms. These Terms apply to all users of the Website and the Services.

1.2. You must be at least 18 years of age to use our Website or Services. By using our Website, you confirm that you meet this requirement.

2. Privacy Policy

2.1. Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and share information. It forms an integral part of these Terms.

2.2. By using the Website, you acknowledge that you have read the Privacy Policy and understand how your personal information is collected and processed.

3. Changes to these Terms

3.1. We may update or modify these Terms at any time by posting the revised Terms on the Website. Changes will become effective immediately upon publication.

3.2. It is your responsibility to regularly review these Terms. Your continued use of the Website after any such modifications indicates your acceptance of the revised Terms.

4. Use of the Website

4.1. Eligibility

You may only use the Website in compliance with these Terms and all applicable federal, state, and local laws, rules, and regulations. You must be at least 18 years of age and located in the U.S. to use our Website or Services.

4.2. Account Creation

• If certain areas of the Website require you to create an account or provide personal information (such as for online ordering, loyalty programs, or catering services), you agree to provide accurate, current, and complete information.
• You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account. We may suspend or disable any account for suspected fraud, security risk, or violation of these Terms.

4.3. Prohibited Conduct

You agree not to:

• Use the Website for unlawful purposes or in violation of any applicable laws;
• Interfere with or disrupt the Website, servers, or networks connected to the Website
• Transmit any viruses, malware, or other harmful code;
• Use any automated means (e.g., bots, scrapers) to access the Website for any purpose without our express written permission;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website;
• Harass, abuse, or harm another person or entity;
• Make fraudulent orders or transactions;
• Reverse engineer, decompile, or attempt to derive the source code of the Website;
• Frame or mirror the Website;
• Perform security testing or load testing without authorization; or
• Sell, resell, or otherwise exploit the Website for commercial purposes without our written permission.

5. Services and Online Ordering

5.1. Menu and Pricing

• Menu items, prices, and availability are subject to change without notice.
• We reserve the right to correct any errors in pricing or product descriptions.
• Prices displayed on the Website are in U.S. dollars.

5.2. Orders and Payment

• Your order placed through the Website is an offer to buy, and our confirmation of the order constitutes our acceptance.
• We reserve the right to refuse or cancel any order for any reason, even after confirmation, including for pricing or availability errors, suspected fraud, or policy violations, in which case we will issue a refund for amounts charged.
• Payment must be made at the time of order through accepted payment methods, and you authorize us or our processors to place an authorization hold and to charge your payment method for the total amount, including applicable taxes, fees, delivery charges, and tips.
• You agree to pay all charges incurred by you or on your behalf through the Website and you are responsible for taxes based on your purchase and location.

5.3. Delivery and Pickup

• Delivery services may be provided by third-party partners who are independent contractors, not our agents.
• Delivery fees, minimum order amounts, and service areas may apply.
• We are not responsible for delays caused by weather, traffic, or other factors beyond our control, and delivery windows are estimates only.
• Risk of loss passes at delivery to the address provided, or for pickup orders, upon handoff at the restaurant. Please inspect items and report issues promptly.

6. Loyalty Program

6.1. If we offer a loyalty or rewards program, participation is subject to additional terms and conditions specific to that program.

6.2. We reserve the right to modify or terminate any loyalty program at any time with reasonable notice to participants.

6.3. Any points and rewards have no cash value, are not property, and may be forfeited, including upon account closure, inactivity for 12 months, or suspected fraud.

7. Intellectual Property

7.1. Ownership

All content, trademarks, service marks, trade names, logos, and graphics ("Content") on this Website are owned or licensed by Pita Way. This includes the Pita Way name, logo, and all related product names.

7.2. Limited License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and view the Website and its Content for your personal, non-commercial use only.

7.3. User-Generated Content

• Where you submit any content (such as reviews, comments, feedback, suggestions, or photos) to the Website, you grant us a worldwide, perpetual, irrevocable, and royalty-free license to use, reproduce, adapt, publish, and distribute that content in connection with our business.
• You agree that any content you submit will not violate any third-party rights or contain defamatory, obscene, or offensive material.
• We reserve the right to remove content at any time.

8. Third-Party Links and Services

8.1. The Website may contain links to websites or resources operated by third parties, including delivery partners, payment processors, and social media platforms. These links are provided for convenience only, and we are not responsible for the content, products, services, or data collection practices of third-party websites.

8.2. Your dealings with any third parties found on or through this Website are solely between you and those third parties, and we will not be liable for any damages arising out of such dealings. Third-party services are provided by independent entities subject to their terms and privacy policies, and we do not endorse or assume responsibility for their acts or omissions.

9. Gift Cards

9.1. Gift cards are subject to additional terms and conditions printed on the card or provided at the time of purchase.

9.2. Gift cards cannot be redeemed for cash except where required by law and have no expiration date unless otherwise stated. Gift cards are not replaceable if lost, stolen, or used without permission, and may be suspended or canceled if we suspect fraud. No inactivity or service fees apply.

10. Disclaimer of Warranties

10.1. Website Provided "As Is"

THE WEBSITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ITS CONTENT, OR ANY OF OUR PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

10.2. Food Allergies and Dietary Restrictions

While we strive to provide accurate information about our menu items, including ingredients and nutritional content, we cannot guarantee that this information is complete or error-free. Products may come into contact with common allergens, and cross-contact can occur despite reasonable efforts. For allergen or dietary concerns, please contact the restaurant before ordering. Any nutritional information is provided for convenience only, and it is not medical advice. Customers with food allergies or dietary restrictions should exercise caution and contact restaurant staff directly with questions.

10.3. No Guarantee

We do not guarantee that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

11. Limitation of Liability

11.1. Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR INABILITY TO USE IT, OUR PRODUCTS, OR THE SERVICES.

11.2. Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THESE TERMS SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

11.3. State Law Variations

Some states do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

12. Indemnification

12.1. You agree to defend, indemnify, and hold harmless Pita Way, its officers, directors, employees, affiliates, agents, and suppliers from and against any and all claims, actions, demands, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your breach of these Terms;
• Your misuse of the Website or its Content;
• Your violation of any applicable laws or regulations;
• Any content you submit to the Website; or
• Your negligence or willful misconduct.

13. Termination

13.1. Termination by Us

We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of the Website at any time, with or without notice, for any reason, including for violation of these Terms, security risks, or suspected fraud.

13.2. Effect of Termination

Upon termination, your right to use the Website will immediately cease. All disclaimers, limitations of liability, and indemnities set forth in these Terms will survive such termination.

14. Dispute Resolution and Arbitration

14.1. Informal Resolution

Before filing any legal action, you agree to contact us at info@pitaway.com to attempt to resolve any dispute informally within 60 days.

14.2. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

14.3. Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Governing Law and Jurisdiction

15.1. These Terms and any non-contractual obligations or disputes arising out of or relating to these Terms or the Website are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

15.2. Subject to the arbitration provisions above, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Oakland County, Michigan.

16. Accessibility

16.1. We strive to maintain an accessible Website for all qualified users. If you have difficulty accessing any part of the Website, please contact us at accessibility@pitaway.com.

17. Severability

17.1. If any provision of these Terms is found to be invalid or unenforceable by any court or competent authority, that provision will be deemed severed from these Terms, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

18.1. These Terms (together with any documents expressly referred to in them, including the Privacy Policy) constitute the entire agreement between you and us in relation to your use of the Website and supersede any prior agreements or arrangements.

19. Contact Us

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