Terms of Service

Last Updated: August 22, 2024

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Customer," "User," "you") and KinFire Pizza, a Canadian corporation ("Company," "we," "us," "our"). These Terms govern your access to and use of our pizza delivery services, website, mobile applications, and all related services (collectively, the "Services").

By placing an order, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Service Description and Availability

KinFire Pizza operates a network of neighborhood micro-kitchens specializing in authentic stone oven pizza preparation and delivery. Our Services include:

Individual Pizza Orders: Fresh-made pizzas prepared to order and delivered within our designated service areas
Subscription Services: Weekly or bi-weekly pizza delivery subscriptions with customizable preferences and scheduling
Corporate Catering: Large-order catering services for offices, events, and special occasions
Pickup Services: Order-ahead pickup from designated micro-kitchen locations during operating hours
Seasonal Menu Items: Limited-time offerings featuring seasonal ingredients and specialty preparations
Gift Services: Pizza gift cards and prepaid delivery credits for friends and family
Loyalty Program: Rewards program offering discounts, exclusive access, and special promotions
Nutritional Information: Detailed ingredient lists and nutritional data for all menu items
Custom Orders: Modified pizzas to accommodate dietary restrictions and personal preferences
Event Planning: Consultation services for pizza-centered events and celebrations
Cooking Classes: Educational workshops on traditional pizza-making techniques (where available)

Service availability is subject to geographic limitations, operating hours, ingredient availability, and weather conditions. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

Ordering Process and Acceptance

Orders may be placed through multiple channels including phone, website, mobile application, or in-person at participating locations. All orders are subject to acceptance by KinFire Pizza and availability of ingredients and delivery capacity.

We reserve the right to refuse or cancel any order for any reason, including but not limited to: ingredient unavailability, delivery area restrictions, payment issues, suspected fraudulent activity, or violation of these Terms. In the event of order cancellation, we will provide prompt notification and process any applicable refunds.

Order confirmation does not guarantee delivery time but represents our best estimate based on current conditions. Actual delivery times may vary due to weather, traffic, order volume, or other circumstances beyond our reasonable control.

Pricing, Payment, and Billing

All prices are listed in Canadian dollars and include applicable taxes unless otherwise specified. Prices are subject to change without prior notice, though any changes will not affect orders already confirmed and paid.

Payment is required at the time of order placement for all delivery and pickup orders. We accept major credit cards, debit cards, and cash for delivery orders. Subscription services require automatic payment authorization and will be billed according to your selected billing cycle.

Delivery fees may apply based on distance, order size, and current demand. Minimum order requirements may be enforced for delivery services. Service charges for large orders, special events, or peak-time deliveries will be clearly disclosed before order confirmation.

In case of payment disputes, customers must contact us within 30 days of the transaction date. We will investigate all legitimate disputes and provide resolution within a reasonable timeframe.

Delivery Policy and Geographic Limitations

Delivery service is available within a 3-mile radius of each micro-kitchen location during posted operating hours. Delivery areas may be temporarily restricted due to weather conditions, road closures, or safety concerns.

Estimated delivery times are provided in good faith but are not guaranteed. We strive to deliver all orders within 15-20 minutes but cannot be held liable for delays caused by circumstances beyond our reasonable control, including but not limited to severe weather, traffic accidents, or equipment malfunctions.

Customers must provide accurate delivery addresses and contact information. Additional charges may apply for deliveries to locations requiring special access, extended walking distances, or multiple delivery attempts due to customer unavailability.

We reserve the right to refuse delivery to locations we deem unsafe, inaccessible, or outside our service area. This includes but is not limited to construction zones, areas with aggressive animals, or locations where our delivery personnel have previously encountered safety concerns.

Quality Guarantee and Customer Satisfaction

We guarantee that your pizza will arrive hot, fresh, and prepared according to your specifications. If you are not completely satisfied with the temperature, quality, or accuracy of your order, please contact us immediately upon delivery.

Quality complaints must be reported within 30 minutes of delivery to be eligible for remedy. Acceptable remedies include order replacement, partial refund, or credit toward future orders, at our discretion based on the nature of the issue.

Our quality guarantee does not cover subjective taste preferences, minor cosmetic variations in appearance, or issues arising from customer delay in consuming the product after delivery.

Subscription Services and Recurring Billing

Weekly and bi-weekly subscription services require a minimum commitment period as specified at the time of enrollment. Subscription pricing is locked for the duration of your initial commitment period, after which rates may be adjusted with 30 days' advance notice.

Subscriptions automatically renew unless cancelled with at least 48 hours' notice before your next scheduled delivery. Modifications to subscription preferences, including pizza selections, delivery schedules, or billing information, can be made through your account dashboard or by contacting customer service.

Temporary subscription holds for vacations or other absences can be arranged with advance notice. Subscription credits do not expire but cannot be transferred or refunded for cash value.

Intellectual Property Rights

All content, trademarks, service marks, logos, recipes, and intellectual property associated with KinFire Pizza are owned by or licensed to the Company. This includes but is not limited to our proprietary recipes, cooking techniques, branding materials, website content, and business methods.

Customers are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action.

User Conduct and Prohibited Activities

Users agree to use our Services in a lawful and respectful manner. Prohibited activities include but are not limited to:

Providing false or misleading information during the ordering process
Attempting to defraud or manipulate our payment systems
Harassing, threatening, or abusing our staff or delivery personnel
Using our Services for any illegal or unauthorized purpose
Attempting to reverse engineer or copy our proprietary recipes or business methods
Interfering with the proper functioning of our website or mobile applications
Creating multiple accounts to circumvent order limits or promotional restrictions

Limitation of Liability and Disclaimers

To the maximum extent permitted by applicable law, KinFire Pizza's total liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you for the specific order or service giving rise to the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

Indemnification

You agree to indemnify, defend, and hold harmless KinFire Pizza, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any disputes arising from these Terms or our Services shall be resolved through binding arbitration in Winnipeg, Manitoba, except for claims that may be brought in small claims court.

Before initiating formal dispute resolution, parties agree to attempt good-faith negotiation for a period of 60 days. This requirement does not apply to claims seeking injunctive relief or protection of intellectual property rights.

Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through email notification, website posting, or other reasonable means at least 30 days before the effective date. Continued use of our Services after the effective date constitutes acceptance of the modified Terms.

Contact Information

For questions regarding these Terms of Service, please contact us:

Email: legal@kinfirepizza.com

Phone: +1 416 839 5274

Mail: KinFire Pizza Legal Department
76 Dorge Drive
Winnipeg, MB R3V 1M4
Canada