Terms of Service

Please read these Terms of Service carefully before accessing or using the website located at zupas-meal.click (the "Website") or any services offered by Zupas ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Zupas, governing your access to and use of the Website located at zupas-meal.click and all related services, features, content, and functionality offered by the Company (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to any service, or otherwise interacting with our platform in any manner, you affirm that:

• You are at least eighteen (18) years of age, or if you are under eighteen (18), you are accessing the Website with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
• You have the legal capacity and authority to enter into this agreement;
• You are not prohibited by applicable law from using our Services;
• All information you provide to us is accurate, current, and complete.

Your continued use of the Website following the posting of any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not wish to be bound by any revised Terms, you must discontinue using the Website and Services immediately.

2. Description of Services

Zupas is a food service company operating in the United States. Through the Website at zupas-meal.click, we offer Users access to a range of food-related services, which may include but are not limited to:

• Online Ordering: Users may browse our menu offerings and place orders for food items for pickup, dine-in, or delivery, where such options are available.
• Meal Planning and Customization: Users may customize meal selections, modify ingredients (subject to availability), and save preferences for future orders.
• Account Management: Registered Users may create and manage personal accounts to track orders, store preferences, view order history, and access loyalty rewards or promotional offers.
• Catering Services: Users may inquire about and place catering orders for events and group meals, subject to availability and separate catering agreements.
• Nutritional and Allergen Information: We provide general nutritional and allergen information for informational purposes. This information is provided as a general guide only and may not reflect exact preparation conditions.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discount codes, and loyalty reward programs, which are subject to their own specific terms and conditions.
• Gift Cards: We may offer digital or physical gift cards that can be used toward purchases of our food products and services.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and service options are subject to change without prior notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and Services, you agree to:

• Provide accurate, truthful, and complete information when registering an account or placing orders;
• Maintain the security and confidentiality of your account credentials, including passwords;
• Promptly notify us of any unauthorized use of your account or any breach of security;
• Comply with all applicable federal, state, and local laws and regulations while using our Services;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Respect the intellectual property rights of the Company and third parties;
• Take responsibility for all activities conducted through your account.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any unlawful, fraudulent, or unauthorized purpose;
• Attempt to gain unauthorized access to any portion of the Website, other users' accounts, or any systems or networks connected to the Website;
• Use automated tools, bots, scrapers, spiders, or any other automated means to access, collect data from, or interact with the Website without our prior written consent;
• Introduce viruses, Trojan horses, worms, malware, ransomware, or any other harmful or disruptive code into the Website or our systems;
• Engage in any activity that interferes with, disrupts, or imposes an unreasonable burden on the Website's infrastructure or servers;
• Use the Website to transmit unsolicited commercial communications (spam) or any harassing, offensive, defamatory, or inappropriate content;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Circumvent or disable any security features or technological measures implemented to protect the Website;
• Collect or harvest any personal information about other Users without their express consent;
• Use our Services to place fraudulent orders, submit false refund or chargeback claims, or otherwise defraud the Company or its partners;
• Resell, sublicense, or commercially exploit any part of the Services without our prior written authorization;
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Website or any component thereof;
• Violate any applicable food safety, health, or consumer protection laws in connection with your use of our Services;
• Post, submit, or transmit any content that infringes upon the intellectual property rights, privacy rights, or other legal rights of any third party.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions, including reporting such conduct to law enforcement authorities and seeking civil remedies.

4. Account Registration and Security

Certain features of our Services may require you to create a user account. When registering, you must provide accurate, current, and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

We reserve the right to suspend or terminate any account at our sole discretion, including in cases where we believe the account has been compromised, used fraudulently, or otherwise used in violation of these Terms.

5. Orders, Payments, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items and services. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product unavailability, inaccuracies in product or pricing information, or suspicion of fraudulent activity.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales taxes and fees. We make every effort to ensure that pricing information is accurate; however, errors may occur. If we discover a pricing error after you have placed an order, we will notify you and give you the option to proceed with the corrected price or cancel your order. We reserve the right to correct pricing errors at any time.

Prices may vary by location and are subject to change without prior notice. Promotional pricing and discounts are subject to specific terms and expiration dates.

5.3 Payment Terms

We accept various forms of payment as indicated on the Website at the time of checkout, which may include major credit cards, debit cards, digital wallets, and gift cards. All payment transactions are processed through secure, third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes, delivery fees, and any applicable service charges. Payment is due at the time of order placement unless otherwise specified.

5.4 Refunds and Cancellations

Our refund and cancellation policy is detailed separately on the Website. In general, due to the perishable nature of food products, all sales are final once an order has been prepared. If you experience a quality issue or error with your order, please contact us promptly at [email protected] so we may address your concern. We reserve the right to offer refunds, replacements, or store credit at our sole discretion.

6. Food Safety, Allergens, and Nutritional Information

We are committed to providing safe, high-quality food products. However, please be aware of the following important notices:

Nutritional information provided on the Website is based on standard recipes and preparation methods and is provided for general informational purposes only. Actual nutritional content may vary depending on portion size, preparation method, ingredient substitutions, and other factors. Users with specific dietary needs, health conditions, or severe food allergies should consult with a qualified healthcare professional before consuming our food products.

7. Intellectual Property Rights

7.1 Company's Intellectual Property

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, menus, recipes, audio and video clips, software code, design elements, trademarks, service marks, and trade dress — are the exclusive property of Zupas or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial purposes in connection with using our Services. This license does not include the right to:

• Copy, reproduce, distribute, or create derivative works based on any content;
• Use data mining, scraping, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of a third party;
• Use any content for commercial purposes without our prior written consent.

7.2 User-Submitted Content

If you submit, post, or otherwise provide any content to us — including reviews, comments, photos, feedback, or suggestions (collectively, "User Content") — you grant Zupas a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media format or channel, in connection with operating and promoting our Services.

You represent and warrant that you own or have the necessary rights to grant the above license, and that your User Content does not infringe upon any third-party intellectual property rights, privacy rights, or other legal rights.

8. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Zupas. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about such third-party resources.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit. Your use of third-party resources is at your own risk and subject to the terms and conditions of those resources.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, AND PRODUCTS OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ZUPAS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR YOUR PARTICULAR DIETARY NEEDS OR HEALTH CONDITIONS;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF TECHNICAL ERRORS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above disclaimers apply to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZUPAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AFFILIATES, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY FOOD-RELATED ILLNESS, ALLERGIC REACTION, OR ADVERSE HEALTH EFFECTS ARISING FROM CONSUMPTION OF OUR PRODUCTS, EXCEPT AS REQUIRED BY MANDATORY LAW;
• LOSS OR DAMAGE ARISING FROM ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR SERVICES.

IN ANY CASE, THE TOTAL CUMULATIVE LIABILITY OF ZUPAS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO ZUPAS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Zupas. Some states do not allow the exclusion or limitation of certain damages; in such states, our liability is limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Zupas and its officers, directors, employees, contractors, agents, licensors, suppliers, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or Services in a manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute between you and a third party arising from your use of our Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. You shall not settle any claim that imposes any obligation, restriction, or liability on Zupas without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website or Services, or any breach, termination, or validity thereof (collectively, "Disputes") shall be governed by and construed in accordance with the laws of the United States and the laws of the State in which Zupas is registered and operating, without regard to conflict of law principles.

To the extent that any Dispute is not subject to mandatory arbitration as set forth in Section 13, you and Zupas consent to the exclusive personal jurisdiction and venue of the federal and state courts located within the applicable United States jurisdiction for the resolution of such Disputes.

If you are accessing our Services from California, you may also have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other California consumer protection statutes. Nothing in these Terms is intended to waive or limit any rights you may have under applicable mandatory law.

Our Services are operated from within the United States. We make no representation that the Website or Services are appropriate or available in locations outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Zupas at [email protected] and provide a written description of your complaint. We will attempt to resolve your concern informally within thirty (30) days of receiving your written notice. If we are unable to resolve the Dispute informally within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AND INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, YOU AND ZUPAS AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted by a nationally recognized arbitration provider, such as the American Arbitration Association (AAA), under its then-current Consumer Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall have authority to award any remedy that would be available in a court of law, but shall not have authority to award damages in excess of the limitations set forth in Section 10 of these Terms.

13.3 Class Action Waiver

YOU AND ZUPAS EACH AGREE THAT DISPUTES SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-CLAIMANT PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR TO OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZUPAS EACH WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

13.5 FTC Compliance

Nothing in these Terms is intended to, and shall not, limit or restrict any rights you may have under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or any other applicable federal consumer protection law. We are committed to fair and transparent business practices in compliance with FTC guidelines and regulations.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or any of our Services. You may terminate your relationship with us at any time by discontinuing use of the Website and, if applicable, deleting or deactivating your user account.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services, with or without notice and without liability, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Conduct that we determine, in our sole discretion, is harmful to the Company, other Users, or third parties;
• Technical or operational reasons;
• A decision to discontinue or modify the Services.

Upon termination, your right to access and use the Website and Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 15 (Severability).

15. Changes to Terms of Service

We reserve the right to modify, update, or revise these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In certain cases, we may also provide additional notice, such as by sending an email notification to registered account holders or by posting a prominent notice on the Website.

Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to any modified Terms, you must stop using the Website and Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of the Terms will always be available at zupas-meal.click.

16. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that in such an event, the remaining provisions shall be construed so as to give effect to the original intent of the parties as closely as possible to achieve the same economic, business, and legal effect as the original provisions.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us on the Website, constitute the entire agreement between you and Zupas with respect to your use of the Website and Services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and us, whether oral or written, with respect to the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any provision of these Terms shall only be effective if made in writing and signed by a duly authorized representative of Zupas. No waiver of any right or provision shall constitute a waiver of any other right or provision, nor shall it constitute a continuing waiver unless expressly stated in writing.

18. Force Majeure

Zupas shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, public health emergencies, fire, flood, storm, earthquake, war, terrorism, governmental actions, labor disputes, supply chain disruptions, interruptions to power or telecommunications, or failures of third-party service providers.

19. California Consumer Rights Notice

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including rights to know, delete, correct, and opt-out of the sale or sharing of personal information. For more information about your California privacy rights and how to exercise them, please review our Privacy Policy or contact us at the information provided below.

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: the Website is provided by Zupas. If you have a complaint regarding the Website or our Services, you may contact us directly at the contact information below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

20. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, or if you need to notify us for any purpose under these Terms, please contact us using the following information:

We will make every effort to respond to your inquiries in a timely and thorough manner. For the fastest response to order-related issues, we recommend contacting us via email with your order number and a description of your concern.