Terms of Service

Please read these Terms of Service carefully before using the website apchipizza.com or placing any order with Apache Pizza. By accessing or using our website, mobile platforms, or services in any way, you confirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer", or "you") and Apache Pizza ("we", "us", "our", or "the Company"), governing your access to and use of the website located at apchipizza.com (the "Website"), as well as any related services, applications, content, features, and functionality offered by Apache Pizza (collectively, the "Services").

By accessing the Website, creating an account, placing an order, or otherwise engaging with our Services, you affirm that:

• You are at least 18 years of age, or if you are between 16 and 18, you have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into a binding contract under Irish law;
• You are not prohibited from receiving our Services under any applicable laws or regulations;
• All information you provide to us is accurate, current, and complete.

Your continued use of the Website and Services after any modifications to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. About Apache Pizza

Apache Pizza is a food service business operating in Ireland, providing customers with the ability to order pizzas, food products, and related items through our Website and other available channels including telephone ordering and in-store services.

Apache Pizza operates under the laws of the Republic of Ireland and is subject to relevant Irish legislation including, but not limited to, the Consumer Protection Act 2007, the Sale of Goods and Supply of Services Act 1980, the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, and the General Data Protection Regulation (GDPR) as implemented through the Data Protection Acts 1988–2018.

3. Description of Services

Apache Pizza provides the following services through its Website and associated platforms:

3.1 Online Food Ordering

Customers may browse our menu, customise orders, and place orders for collection or delivery through the Website. The Website facilitates the ordering process and provides estimated delivery or collection timeframes.

3.2 Account Registration

Users may register for an account on the Website to facilitate faster ordering, save preferences, track order history, and access exclusive offers and promotions. Registration is optional but may be required to access certain features.

3.3 Promotions, Vouchers, and Loyalty Programmes

Apache Pizza may offer promotional deals, discount vouchers, and loyalty rewards programmes to eligible customers. These are subject to their own specific terms and conditions and may be modified or withdrawn at any time without notice.

3.4 Informational Content

The Website provides nutritional information, allergen details, menu descriptions, and other informational content. While we endeavour to ensure that all content is accurate and up to date, we cannot guarantee the absolute accuracy of this information at all times. Customers with specific dietary requirements or food allergies are advised to contact us directly before placing an order.

3.5 Customer Support

We provide customer support via email at [email protected] and through other communication channels listed on the Website. We aim to respond to all enquiries within a reasonable timeframe.

4. User Obligations and Prohibited Activities

4.1 General User Obligations

As a user of the Website and Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised use of your account;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable Irish laws, EU regulations, and any other relevant legal requirements;
• Not misuse or attempt to circumvent any security features of the Website;
• Accept full responsibility for all activities conducted through your account.

4.2 Prohibited Activities

You must not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Place false, fictitious, or malicious orders, or otherwise interfere with legitimate order processing;
• Attempt to gain unauthorised access to any part of the Website, server, or network connected to the Website;
• Introduce or transmit any viruses, malware, spyware, ransomware, or other harmful code to the Website;
• Use automated bots, crawlers, scrapers, or similar tools to extract data from the Website without our express written permission;
• Impersonate any person or entity, or falsely represent your affiliation with any person or organisation;
• Engage in any conduct that is abusive, harassing, defamatory, threatening, or otherwise objectionable towards our staff or other customers;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Website or any part thereof;
• Copy, reproduce, republish, or redistribute any content from the Website without our prior written consent;
• Use the Website in any manner that could damage, disable, overburden, or impair its functionality or servers;
• Attempt to purchase alcohol or age-restricted items if you are under the legal age permitted under Irish law;
• Submit false reviews, ratings, or feedback about our Services or products.

Apache Pizza reserves the right to terminate your access to the Website and Services, cancel pending orders, and take any other appropriate legal or technical action in response to prohibited activities, without prior notice and without prejudice to any other remedies available under Irish or European law.

5. Orders, Payments, and Pricing

5.1 Order Placement and Confirmation

When you place an order through our Website, you are making an offer to purchase goods from Apache Pizza. An order is not considered accepted until you receive a formal order confirmation from us via email or on-screen notification. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of pricing errors, unavailability of items, or suspicion of fraudulent activity.

5.2 Pricing

All prices displayed on the Website are in Euro (€) and include Value Added Tax (VAT) at the applicable Irish rate unless otherwise stated. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time of checkout. Delivery charges, where applicable, will be clearly indicated prior to the completion of your order.

5.3 Payment Methods

We accept a range of payment methods as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorised to use the designated payment method and that the information provided is accurate and complete. Apache Pizza uses secure third-party payment processing services and does not store your full payment card details on its servers.

5.4 Cancellations and Refunds

Due to the perishable nature of food products, orders that have already been prepared or dispatched cannot be cancelled or refunded unless there is a genuine quality issue or error on our part. If you have concerns about an order, please contact us immediately at [email protected].

In accordance with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, the standard 14-day cooling-off period applicable to distance contracts does not apply to contracts for the supply of food and other perishable goods where delivery or performance has commenced.

5.5 Allergen Information

Apache Pizza takes allergen management seriously. Allergen information is available on the Website and upon request. However, please be aware that our food is prepared in environments where allergens are present. If you have a severe food allergy, please contact us directly before ordering.

6. Intellectual Property Rights

6.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video content, software, data compilations, and the overall design and layout of the Website, is the property of Apache Pizza or its licensors and is protected under Irish and European intellectual property law, including the Copyright and Related Rights Act 2000 (as amended) and applicable EU Directives.

6.2 Licence to Users

Subject to your compliance with these Terms, Apache Pizza grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its content solely for the purpose of browsing and placing orders for personal, non-commercial use. This licence does not include the right to:

• Modify or create derivative works based on our content;
• Use our content for any commercial purpose;
• Reproduce, distribute, publicly display, or publicly perform our content without prior written consent;
• Remove or alter any proprietary notices, labels, or marks on any content.

6.3 Trade Marks

The name "Apache Pizza", our logos, and all related marks, designs, graphics, and trade names are trade marks or registered trade marks of Apache Pizza. Nothing in these Terms grants you any right to use these trade marks without our prior written permission.

6.4 User-Submitted Content

If you submit reviews, feedback, images, or other content to us through the Website or social media, you grant Apache Pizza a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish, and distribute such content for our business purposes, including marketing and promotional activities. You represent that you own or have the right to submit such content and that it does not infringe any third-party rights.

7. Disclaimer of Warranties

The Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by applicable Irish and EU law.

Apache Pizza does not warrant that:

• The Website will be uninterrupted, error-free, or free from viruses or other harmful components;
• Any errors or defects in the Website will be corrected;
• The results obtained from using the Website will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations.

Nothing in these Terms excludes or limits any warranties or rights that cannot be excluded or limited under Irish consumer law, including those rights afforded under the Sale of Goods and Supply of Services Act 1980 and the Consumer Protection Act 2007.

8. Limitation of Liability

8.1 Scope of Limitation

To the maximum extent permitted by applicable law, Apache Pizza, its directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, the Website or Services. This includes, but is not limited to, loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, even if Apache Pizza has been advised of the possibility of such damages.

8.2 Cap on Liability

In no event shall the total aggregate liability of Apache Pizza arising out of or relating to these Terms or your use of the Services exceed the total amount paid by you to Apache Pizza in the twelve (12) months immediately preceding the event giving rise to the claim, or €100, whichever is greater.

8.3 Consumer Rights Not Affected

Nothing in these Terms limits or excludes Apache Pizza's liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of statutory duty under the Consumer Protection Act 2007, or any other liability that cannot be excluded or limited under Irish or European law.

8.4 Third-Party Links and Services

The Website may contain links to third-party websites or services. Apache Pizza has no control over the content, privacy policies, or practices of such websites and accepts no responsibility for any loss or damage arising from your use of them. The inclusion of any link does not imply endorsement by Apache Pizza of the linked website or service.

9. Indemnification

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

• Your violation of these Terms;
• Your use of the Website or Services in any manner not authorised by these Terms;
• Any content you submit, post, or transmit through the Website;
• Your violation of any applicable Irish or EU law, regulation, or third-party rights;
• Any fraudulent, negligent, or otherwise wrongful act or omission by you in connection with the Services.

Apache Pizza reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with Apache Pizza in asserting any available defences.

10. Privacy and Data Protection

Apache Pizza is committed to protecting the privacy and personal data of its customers in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Acts 1988–2018 of Ireland, as regulated by the Data Protection Commission (DPC) of Ireland.

The collection, processing, storage, and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website at apchipizza.com. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

If you have any concerns about how your personal data is processed, you have the right to contact the Data Protection Commission (DPC) at www.dataprotection.ie.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.

You and Apache Pizza irrevocably agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except that Apache Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

If you are a consumer resident in another EU Member State, you may also have the right to bring proceedings in the courts of your country of residence under applicable EU consumer protection regulations, including Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

12. Dispute Resolution

12.1 Initial Resolution

In the event of any dispute, complaint, or claim arising out of or in connection with these Terms or your use of our Services, we encourage you to contact us in the first instance by emailing [email protected]. We will endeavour to resolve your concern promptly and in good faith within 14 business days of receiving your communication.

12.2 Alternative Dispute Resolution

If we are unable to resolve your dispute through direct communication, you may be entitled to use alternative dispute resolution (ADR) mechanisms. In accordance with EU Regulation 524/2013 on Online Dispute Resolution (ODR), the European Commission provides an online platform for resolving disputes between consumers and online traders. This platform is accessible at: https://ec.europa.eu/consumers/odr.

12.3 Formal Legal Proceedings

If ADR is unsuccessful or not applicable, either party may pursue formal legal proceedings in accordance with Section 11 of these Terms. Nothing in this Section prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

13. Term and Termination

13.1 Duration

These Terms are effective from the date you first access the Website or use any of our Services and shall remain in full force and effect unless terminated in accordance with this Section.

13.2 Termination by You

You may terminate your use of the Website and Services at any time by discontinuing your use and, if applicable, requesting the deletion of your account by contacting us at [email protected]. Any pending orders or obligations at the time of termination shall remain subject to these Terms.

13.3 Termination by Apache Pizza

Apache Pizza reserves the right to suspend or terminate your access to the Website and Services, with or without notice, if:

• You breach any provision of these Terms;
• We are required to do so by law or regulation;
• We reasonably believe that your use poses a risk to other users, third parties, or our business;
• We decide to discontinue or modify any aspect of the Website or Services.

13.4 Effect of Termination

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, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law, shall survive any termination of these Terms.

14. Changes to These Terms

Apache Pizza reserves the right to amend, update, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Website, with the "Last Updated" date revised accordingly.

We will endeavour to provide reasonable notice of material changes, such as by posting a prominent notice on the Website or by sending an email to registered users. However, it is your responsibility to review these Terms periodically to remain informed of any updates. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of the changes.

If you do not agree with any revised Terms, you must discontinue your use of the Website and Services immediately.

15. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with applicable law, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and economic effect of the original provision. The failure of Apache Pizza to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or notices posted on the Website, constitute the entire agreement between you and Apache Pizza with respect to your use of the Website and Services, and supersede all prior agreements, representations, warranties, and understandings of any kind between the parties relating to the same subject matter.

No oral representation, statement, or warranty made by any representative of Apache Pizza shall be binding on the Company unless expressly incorporated into these Terms in writing.

17. Waiver

The failure of Apache Pizza to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorised representative of Apache Pizza.

18. Force Majeure

Apache Pizza shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, pandemics, epidemics, strikes, industrial action, acts of terrorism, government restrictions, or failure of third-party systems or infrastructure. In such circumstances, Apache Pizza shall notify you as soon as reasonably practicable and shall use reasonable endeavours to resume normal service as quickly as possible.

19. Accessibility

Apache Pizza is committed to making its Website as accessible as possible. If you experience any difficulty accessing any content or functionality on our Website, or if you require these Terms in an alternative format, please contact us at [email protected] and we will endeavour to assist you.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or your use of the Website and Services, please do not hesitate to contact us using the details below:

We aim to respond to all formal correspondence and legal enquiries within 10 business days of receipt. For urgent matters relating to food safety or product quality, we recommend contacting us directly by email at [email protected].