Punchh Terms and Conditions
This Punchh Loyalty Program (the “App”) is offered by Patxi’s Pizza and/or its subsidiaries, licensees, franchisees, and affiliated companies (“Patxi’s Pizza”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms of Use are a legal and binding agreement between you and Patxi’s Pizza governing your use of this App, which includes its content, information, services, and features.
Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Regards Program.
Modifications
We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance of the modifications.
Additionally, Patxi’s Pizza may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content“) are owned by or licensed to Patxi’s Pizza and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Patxi’s Pizza grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Patxi’s Pizza may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
Rewards Program
Patxi’s Pizza offers the Punchh Rewards Program (the “Rewards Program“) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Patxi’s Pizza restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
Click here to create a Rewards Account;
Visit the Patxi’s Pizza website located at https://patxispizza.com; or
Through your Facebook account using the App.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends, or others. You may have only one (1) Rewards Account.
As a part of the Rewards Program, Patxi’s Pizza will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or set up an account or log in. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Patxi’s Pizzaimmediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Patxi’s Pizza or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Patxi’s Pizza shall not be liable for any loss or damage arising from your failure to comply with these obligations.
No Warranties
THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND Patxi’s Pizza HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Patxi’s Pizza DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of Liability
IN NO EVENT SHALL Patxi’s Pizza BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT Patxi’s Pizza MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Electronic Communications
When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
International Users
This App is controlled, operated, and administered by Patxi’s Pizza from offices within the United States of America. We make no representation regarding the use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
Governing Law/Venue
This App is governed by and subject to the laws of the State of California, USA, and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in California for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that Patxi’s Pizza may apply for injunctive or other equitable relief in any court of competent jurisdiction.
Privacy
Please review our Privacy Policy located at https://patxispizza.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand Patxi’s Pizza’s privacy practices.
General Provisions
All or any of Patxi’s Pizza’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition, or sale of all or substantially all of Patxi’s Pizza’s assets. If for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Patxi’s Pizza’s failure to act with respect to a breach by you or others does not waive Patxi’s Pizza’s right to act with respect to that breach or subsequent or similar breaches.
Questions
If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us.
Last Updated
Terms and Conditions last updated on 12/01/20.