Terms of Service
NYC Thin Crust Terms of Service - Direct Order Platforms
These Terms of Service (“Terms”) constitute a legal agreement between you, the end user (“Guest”), and NYC Thin Crust, which operates as a brand name and digital ordering Platform (the “Platform”), together with the independently owned and operated restaurant entities that use the Platform (each, an “Operating Entity,” and collectively, the “Operating Entities”). These Terms govern your access to and use of the Platform and any related technology, software, information, and services made available through the Platform, including websites, mobile applications, features, and other ways you may engage with the Platform (collectively, the “Services”).
When you place an order, enroll in a loyalty or rewards program, sign up for communications, or otherwise interact with a specific NYC Thin Crust restaurant, the Operating Entity that owns and operates that restaurant is the contracting party responsible for fulfilling your order and providing restaurant-related services. That Operating Entity is also the primary data controller for personal information collected in connection with that interaction. NYC Thin Crust operates the Platform and related technology services and processes information as necessary to provide, maintain, improve, and secure the Services. References in these Terms to “NYC Thin Crust,” “we,” “us,” or “our” refer to the Platform and/or the applicable Operating Entity, as appropriate to the context. The specific Operating Entity responsible for fulfilling your order or providing services may vary depending on the restaurant location with which you interact.
The Operating Entities currently using the NYC Thin Crust Platform include independently owned and operated restaurant businesses that operate under trade names that include “Thin Crust Pizza.” Each restaurant location is operated by its respective Operating Entity, which is responsible for its own business operations, including order fulfillment and in-store or delivery services.
A list of Operating Entities and applicable legal entity details may be provided in a “Legal Entity Disclosure,” which is incorporated into these Terms by reference.
Please read these Terms of Service carefully. There are a number of key terms to note, in particular:
● We collect, use, and share information as described in these Terms and our Privacy Policy.
● We may suspend or terminate your account or access to the Services in certain circumstances.
● You are responsible for your conduct and any User Content you submit through the Services.
● Some features or services may be provided by third parties and may be subject to additional terms. We are not responsible for third-party services.
● These Terms include provisions that limit our liability to you and require arbitration of most disputes (and waive class actions) to the extent permitted by law.
1. Overview and Acceptance of Terms
1.1 Age & Authority Requirements: If you are an individual, you must be at least 18 years of age and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you confirm and agree that you are an authorized representative of such entity, and that you have the authority to, and agree to, bind it to these Terms of Service. NYC Thin Crust reserves the right to require age verification.
1.2 Acceptance and Updates to Terms: By accessing and/or using any of the Services, you agree to and acknowledge the Terms. If you do not agree to the Terms, you must not access or use the Services.
From time to time, NYC Thin Crust may update or modify the terms, including but not limited to these terms of service. The updated terms will become effective as of the effective date indicated in the notice. Continued use of the Services after the effective date constitutes your acceptance of the updated terms. It is your responsibility to review the terms regularly. To the maximum extent permitted by law, your sole and exclusive remedy in the event you do not accept the updated terms is to cease your access to and use of the Services.
1.3 Changes to NYC Thin Crust Services & Availability: We reserve the right, at any time and without prior notice, to establish limitations, change, suspend, withdraw or restrict the availability of all or any part of our Services for business, operational or any other reason. This includes but is not limited to delaying, holding or cancelling the processing of any payment transaction, loyalty points/bonuses, or access to your NYC Thin Crust Account if your Account or activity is flagged as potentially invalid, suspicious, or in NYC Thin Crust’s sole discretion for misconduct or fraud, if it would cause us to violate any agreement with our third party providers, otherwise violates applicable law or these terms, or if you request NYC Thin Crust to delete your personal information. You agree that NYC Thin Crust and the applicable Operating Entity will not be liable to you or any third party for any suspension, restriction, or termination of your access to or use of the Services resulting from your failure to comply with these Terms or applicable law. If your access to the Services is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.
2. Scope of Access, Use of Services, and Related Rights
2.1 Access: Subject to these Terms: The Operating Entity grants you a limited, revocable right to access and use the Services solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Platform. Further, you may not reproduce all or any portion of the Platform. The Services and their content are owned by NYC Thin Crust, the applicable Operating Entity, and/or their licensors and are protected by intellectual property laws. The Operating Entity reserves the right to suspend or terminate your use of the Services in its sole discretion.
2.2 User Account: Prior to placing an order from the Platform you may establish a user account, however this is not required to place your order. It is required to access promotional marketing, loyalty or any other type of discount. If you establish a user account it will be accessible upon input of an authorized e-mail address and a designated password. You are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Services, and you are also responsible for the integrity and security of the operating environment from which you access the Services.
2.3 Use of Your Information & Personalization: The Operating Entity may collect and use information about your interactions with our Services, including, but not limited to, your search history, user-created lists, food restrictions and/or dietary preferences, general information (such as location and device details), order history, and data inferred from your activity, to provide, improve, and personalize your experience. This may include offering tailored menu recommendations, highlighting relevant offers or discounts, enabling features such as reordering, and sharing relevant information with Operating Entities (as further described below) to enhance your experience. The Operating Entity may use this information for these and other related purposes, as permitted by law and as further described in our Privacy Policy.
By using the Services, either through a NYC Thin Crust Account or otherwise, you direct the Operating Entity to share certain information (including personal information) for the purposes of providing the Services, enhancing those Services and your NYC Thin Crust experience and improving the accuracy and utility of customer profiles within NYC Thin Crust customer database solutions. The types of information that may be shared include, but are not limited to, your name, contact information (such as email address and phone number), order history, order content, preferences, loyalty program participation and other account-related data that you provide or that is generated through your use of the Services. Such sharing enables the Operating Entity to recognize you as a returning guest, personalize your experience and offer tailored services, promotions, or rewards. The use of personal information in connection with the Services is governed by our Privacy Policy. For more information about how we collect, use, and share personal information, including your rights and choices, please review our Privacy Policy.
2.4 Your NYC Thin Crust Account: When you use certain NYC Thin Crust Services, you can choose whether you would like to register and create a NYC Thin Crust Account. If you create a NYC Thin Crust Account, you may save certain personal information to facilitate future Transactions. You may make certain Transactions without creating a NYC Thin Crust Account, but you may not be able to save any personal information or preferences for future Transactions. You are solely responsible for all activity that occurs under your NYC Thin Crust Account, including any use of your Payment Method, except to the extent such activity results directly from NYC Thin Crust’s gross negligence, willful misconduct, or breach of these Terms.
In order to use the NYC Thin Crust App, you must download it to your mobile device and create a NYC Thin Crust Account. You agree to provide true, accurate current and complete information for your NYC Thin Crust Account registration and you agree not to misrepresent your identity or your Payment Method information. It is your responsibility to keep the information you provide us up-to-date and accurate.
NYC Thin Crust may, in its sole discretion, terminate or refuse to approve registrations for a NYC Thin Crust Account with or without cause or notice, other than any notice required by applicable law.
Only you have the right to access and use your NYC Thin Crust Account. You are responsible for keeping your login information confidential and secure at all times. NYC Thin Crust will assume that if your login or Payment Method are used to access the Services, the user has the legal authority to use such login or Payment Method. If you become aware of unauthorized use of your login or Payment Method, you agree to notify NYC Thin Crust immediately by emailing support@nycthincrust.com
2.5 Card Linking: NYC Thin Crust offers you the ability to link one or more Payment Methods to your NYC Thin Crust Account (“Card Linking”). By electing to link a Payment Method, you authorize NYC Thin Crust to associate that Payment Method with your NYC Thin Crust Account for the purposes of tracking and recording your purchases made through NYC Thin Crust digital ordering or the NYC Thin Crust App. When you link a Payment Method to your NYC Thin Crust Account, NYC Thin Crust may automatically identify and associate all qualifying payment transactions made with that Payment Method at NYC Thin Crust, including payment transactions made without you being logged into your NYC Thin Crust Account at the time of purchase (for example, on premise). This process may include historical transactions associated with the linked Payment Method. You may not link a Payment Method that you are not authorized to use or use Card Linking for any fraudulent, unlawful, or unauthorized purpose. You may unlink a Payment Method at any time through your NYC Thin Crust Account settings; however, unlinking will not affect the association of Transactions that have already been linked to your NYC Thin Crust Account.
2.6 The NYC Thin Crust App: Subject to these Terms, NYC Thin Crust hereby grants you a non-exclusive, non-transferable, revocable license to use the NYC Thin Crust App in object code form only, for one NYC Thin Crust Account on a compatible mobile device owned or leased by you, solely for permitted use of the Services. To download and use the NYC Thin Crust App, you must have a mobile device that is compatible with the NYC Thin Crust App. NYC Thin Crust does not warrant that the NYC Thin Crust App will be compatible with your mobile device or that it will be supported by all mobile carriers. You may use mobile data in connection with the NYC Thin Crust App and incur additional charges from your wireless provider. You agree that you are solely responsible for such charges.
3. Digital Ordering and Transactions
3.1 Customer Support for Orders: For questions regarding order changes, cancellations, refunds, or issues with products or services, you must contact the Operating Entity fulfilling your order directly and as soon as possible, preferably by phone, for the most immediate assistance.
Orders may not be canceled, and refunds will not be issued once preparation of the order has begun.
For non-urgent inquiries or general Platform-related support, you may contact NYC Thin Crust at support@nycthincrust.com. Responses are typically provided within 24–48 hours.
For order-specific questions or customer service, please contact the applicable restaurant location directly:
● Tappo – 212.807.9200
● Posto – 212.716.1200
● Vezzo – 212.839.8300
● Spunto – 212.242.1200
● Gruppo – 212.995.2100
● Trovo – 212.839.8300
Additional locations may operate under different Operating Entity names; please refer to the in-app or website location details for the applicable Operating Entity fulfilling your order.
3.2 Order Issues and Limited Refunds: You must report any missing items, incorrect orders, or quality concerns on the same day the order is placed by contacting the restaurant directly and providing your order number. Refunds for verified restaurant errors will be issued to the original payment method and are typically processed within 7–10 business days. We do not offer refunds for customer cancellations, changes of mind, or orders that have already entered preparation. Non-urgent inquiries may also be directed to support@nycthincrust.com.
3.3 Third-Party Service Providers. Certain aspects of the Services may be supported by third parties, including payment processors, order management or point-of-sale integration providers, analytics providers, and (where offered) third-party delivery providers. Where you choose delivery, you acknowledge that your order and contact details may be shared with the delivery provider to complete fulfillment, and delivery may be subject to the provider’s own terms and policies.
3.4 Chargeback: If you initiate a chargeback or payment dispute, we may temporarily suspend or restrict your access to the Services while the dispute is under review. If a chargeback is determined to be fraudulent or made in bad faith, you agree to reimburse NYC Thin Crust and/or the applicable Operating Entity for the chargeback amount and any associated fees or costs incurred, to the extent permitted by law.
3.5 Age-Restricted Items: Certain products offered through the Services may be subject to age-based legal restrictions (“Age-Restricted Items”), which may include alcoholic beverages, tobacco products, hemp or CBD products, or other regulated goods.
By purchasing any Age-Restricted Item, you confirm and agree that:
● You are of legal age to purchase, possess, and receive the item where you are located;
● You are not purchasing the item for someone who is underage or otherwise prohibited;
● You will provide valid, government-issued photo identification or comply with required age-verification procedures at pickup or delivery; and
● You will comply with all applicable laws and regulations.
3.6 Alcoholic Beverages: By purchasing alcoholic beverages, if offered, you confirm that you are at least twenty-one (21) years of age in the United States, or the legal drinking age in your jurisdiction, and you agree to comply with all applicable alcohol-related laws and requirements.
4. Payments and Promotional Offers
4.1 Payment Authorization and Processing: When you make a purchase through the Services (“Purchase”), you authorize NYC Thin Crust and/or the applicable Operating Entity to submit the charge to your selected payment method (“Payment Method”) through its payment processor in the total amount of the Purchase, including any applicable taxes, fees, and gratuities. You also authorize any credits or adjustments related to refunds, chargebacks, reversals, or corrections.
All payment transactions are processed through third-party payment processors and payment networks for authorization, completion, and settlement.
4.2 Valid Payment Methods and Authorization Holds: You must provide a valid Payment Method to complete a Purchase. By submitting a Payment Method, you authorize NYC Thin Crust to verify that the Payment Method is in good standing with the issuing financial institution. This may include placing a temporary authorization hold, which may reduce your available balance until the transaction is finalized.
If you have questions regarding authorization holds or charges, please contact your Payment Method issuer directly. You agree that NYC Thin Crust may resubmit a transaction for processing if a prior attempt is declined or returned.
4.3 Fees, Taxes, and Gratuities: In addition to the price of your Purchase, applicable taxes, service fees, delivery fees, and optional gratuities may be charged. All amounts to be charged to your Payment Method will be clearly displayed before you complete your Purchase. By completing a Purchase, you agree to pay all applicable charges.
4.4 Stored Payment Methods: If you choose to store your Payment Method information for future use, you authorize NYC Thin Crust to securely store and update your Payment Method details (such as card number or expiration date) using services provided by payment networks or processors. You may update or remove stored Payment Methods through your account settings at any time.
4.5 Payment Method Issuer Terms: Payments made through the Services are also subject to the terms and conditions of your Payment Method issuer. You are solely responsible for any fees, interest, or charges imposed by your financial institution in connection with your use of the Services.
4.6 Promotional Offers: From time to time, NYC Thin Crust may offer promotional codes, discounts, credits, or other incentives (“Promotional Offers”). Promotional Offers may be funded, administered, or fulfilled by NYC Thin Crust and are subject to the specific terms and conditions presented with the offer, including eligibility requirements, expiration dates, redemption limitations, and exclusions.
Promotional codes must be entered at checkout unless otherwise stated. Promotional Offers are void where prohibited by law and may not be applied to taxes, fees, or purchases of age-restricted items. Unless expressly stated otherwise, Promotional Offers are single-use, non-transferable, and may not be combined.
NYC Thin Crust reserves the right to modify, suspend, or terminate any Promotional Offer at any time, except as required by law. Abuse of Promotional Offers or violation of applicable terms may result in disqualification from future offers or suspension of your account. To the maximum extent permitted by law, all Promotional Offer redemptions are final and non-refundable.
5. NYC Thin Crust Rewards and Loyalty Programs
5.1 Loyalty and Rewards: NYC Thin Crust provides technology services that enable the Operating Entity to offer you loyalty and/or rewards programs (“NYC Thin Crust Loyalty”). NYC Thin Crust Loyalty programs may be based on spend, visit, transaction frequency, or any other manners of engagement, at the Operating Entity’s discretion.
If you choose to enroll in a NYC Thin Crust Loyalty program, the Operating Entity may contact you using the contact method(s) you provide with program information and other communications related to the program.
5.2 Points & Redemption. You may collect points when you make Purchases from that NYC Thin Crust, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the Purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for a NYC Thin Crust Loyalty program, or through the NYC Thin Crust online loyalty lookup page. Points collected through any NYC Thin Crust Powered Loyalty program have no cash value and cannot be transferred, redeemed, sold, or exchanged for cash. In the event NYC Thin Crust suspends, terminates or cancels the technology services that enable NYC Thin Crust Loyalty, NYC Thin Crust will, in accordance with applicable law, maintain records of your loyalty points in accordance with our data retention policies following said suspension, termination or cancellation and may endeavor to honor loyalty points to the extent required by applicable law.
6. Information Accuracy and Pricing
6.1 Pricing or Other Information Errors: In the event that there is error regarding pricing information the Operating Entity reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.
6.2 Pricing Subject to Change. Prices, fees, and menu availability are subject to change at any time without notice
7. Allergen Advisory
7.1 Cross Contamination Risk: Our kitchen handles all major allergens. Despite best efforts, cross-contact with major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, sesame) is possible due to shared equipment or facilities.
7.2 Notification of Allergies. It is the customer’s responsibility to alert staff regarding allergies or dietary restrictions before ordering.
7.3 Ingredient and Nutritional Information. Ingredient and nutritional information may vary and is subject to change. Please consult with staff each time before ordering.
8. Order Acceptance and Inability to Fulfill Orders
8.1 Order Notification, Right of Refusal, Tracking: If you select the appropriate option at the time you place your order, the Operating Entity will send an order acknowledgment to your designated e-mail address once you have placed an order with us. The Operating Entity reserves the right to refuse or cancel any orders for any reason (including for pricing errors as noted above in Section 4), and whether or not the order has been confirmed. Without limitation of the foregoing, the Operating Entity is not responsible for any inability to fulfill orders. If your Payment Method has already been charged and your order is canceled by the Operating Entity, a credit will be issued to your original payment method in the amount charged. Order status and delivery timing may be provided through the Services or third-party providers, but any delivery estimates are estimates only and are not guaranteed.
9. SMS Policy
9.1 Program Description. The Services may offer you where available the opportunity to receive text messages (SMS), including transactional messages (such as order confirmations, receipts, updates, and support messages) and, if you separately opt in, marketing or promotional messages (such as offers, rewards updates, and announcements) from NYC Thin Crust and/or the applicable Operating Entity. SMS programs, if offered, may be administered by third-party service providers and may be subject to additional terms disclosed at sign-up.
9.2 Consent Not Required to Purchase. Your consent to receive marketing text messages is not a condition of any purchase.
9.3 Message Frequency. Message frequency may vary based on your interactions with the Services and your preferences.
9.4 Costs. Message and data rates may apply. You are responsible for any charges imposed by your wireless carrier.
9.5 Opt-Out and Help. You can opt out of receiving SMS messages at any time by replying STOP to any message. After you send STOP, you may receive a final confirmation message. For help, reply HELP or contact us at support@nycthincrust.com.
9.6 Carrier Disclaimer. Wireless carriers are not liable for delayed or undelivered messages.
9.7 Service Providers. We may use third-party service providers to deliver SMS messages on our behalf. We do not sell or share your mobile phone number with third parties for their own marketing purposes.
9.8 Transactional Messages. If you opt out of marketing SMS messages, you may still receive non-promotional transactional or service-related messages as permitted by law (for example, order confirmations or account notices).
9.9 Privacy. For information about how we collect, use, and share personal information, please review our Privacy Policy.
10. User Content and Feedback
10.1 User Content. The Services may allow you to submit, post, upload, transmit, or otherwise make available content, including reviews, ratings, comments, feedback, suggestions, photos, or other materials (“User Content”). You retain ownership of your User Content. However, by submitting User Content through the Services, you grant NYC Thin Crust and the applicable Operating Entity a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise use your User Content in connection with operating, marketing, promoting, and improving the Services and restaurant operations, in any media now known or later developed.
10.2 Responsibility for User Content. You are solely responsible for your User Content and for any consequences arising from submitting it. You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to submit the User Content; (b) your User Content does not violate any applicable law or regulation; and (c) your User Content does not infringe or misappropriate any third-party rights, including intellectual property, privacy, or publicity rights.
10.3 Prohibited Content. You agree not to submit User Content that is unlawful, defamatory, obscene, threatening, harassing, hateful, misleading, deceptive, or otherwise objectionable, or that contains viruses, malware, or other harmful code.
10.4 Monitoring and Removal. NYC Thin Crust and the applicable Operating Entity may (but are not obligated to) monitor, review, remove, or disable access to any User Content at any time and for any reason, including if we believe it violates these Terms, applicable law, or may expose us or others to harm or liability.
10.5 Feedback. If you submit suggestions, ideas, or feedback regarding the Services (“Feedback”), you agree that we may use such Feedback without restriction or compensation to you, and you hereby grant us a worldwide, royalty-free, perpetual, irrevocable license to use and incorporate the Feedback into the Services.
11. Disclaimers and Limitations of Liability
11.1 Disclaimers to The Maximum Extent Permitted by Law:
● The services and all information, content, materials, products and other items (including third-party content) provided through the services are provided “as is” and “as available,” without guarantees warranties or conditions of any kind, whether express, implied, statutory, or otherwise.
● NYC thin crust and its affiliates (Tappo inc. Vezzo inc, Posto inc., Fatdog inc., Trovo inc., Spunto inc., Brado inc.) expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular or general purpose, title, non-infringement, accuracy, reliability, or quality.
● NYC Thin Crust does not warrant that the services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information obtained through the services is accurate, complete, timely or reliable. If your use of the services results in the need for servicing or replacing equipment or data, NYC Thin Crust shall not be responsible for those economic costs.
● Any reliance on information or content provided through the services, including third-party content, allergen, nutritional, or product information, is at your own risk. NYC Thin Crust does not guarantee its accuracy or completeness. No advice or information, whether oral or written, obtained from NYC Thin Crust or through the services, will create any warranty not expressly stated in these terms.
11.2 Limitation of Liability to The Maximum Extent Permitted by Law:
● In no event will nyc thin crust and its affiliates (Tappo inc. Vezzo inc, Posto inc., Fatdog inc., Trovo inc., Spunto inc., Brado inc.) be liable under any contract, negligence, strict liability or other theory, for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, including but not limited to damages for lost profits, goodwill, use, data, personal injury, property damage, or other intangible losses, even if nyc thin crust has been advised of the possibility of such damages and even if a remedy set forth herein has failed its essential purpose. The foregoing disclaimer of punitive and exemplary damages and the entire disclaimer of damages for personal injury or property damage, or for any injury caused by NYC Thin Crust fraud or fraudulent misrepresentation, shall not apply to users who reside in the state of New Jersey in the United States.
You acknowledge that the foregoing limitations are an essential element of the agreement between you and NYC Thin Crust and that, in the absence of such limitations, the other terms set forth in the agreement would be substantially different.
12. Indemnification
12.1 indemnity obligations: to the fullest extent permitted by law, you agree to defend, indemnify and hold harmless nyc thin crust, its affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, fines and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the services; (b) your violation of any of these terms or misuse of the services; (c) your violation of any third-party right, including but not limited to any intellectual property, property, or privacy right; (d) any claim that your user content caused damage to a third party; or (e) your violation of any applicable law or regulation. (f) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the services using your user account, (g) any content or other materials provided or posted by you, or (h) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the services. Nothing in this provision requires you to indemnify nyc thin crust for any unconscionable commercial practice by an indemnified party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the services.
12.2 NYC Thin Crust Right to defense: to the fullest extent permitted by law, NYC Thin Crust reserves the right, at your expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you under this section, and you agree to cooperate with NYC Thin Crust’s defense of these claims.
13. Communications
13.1 General: By using the Services and providing your email address and/or mobile phone number you consent to receive transactional text (SMS) messages and transactional email messages from NYC Thin Crust and/or the applicable Operating Entity. Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, order updates, support-related messages and notifications regarding updates to your NYC Thin Crust Account. Additionally, by using the Services and providing your email address, you consent to receive marketing communications from NYC Thin Crust using the email address associated with your Transaction, subject to applicable law. You may opt out of receiving marketing or promotional email communications from NYC Thin Crust at any time by following the unsubscribe instructions included in such emails. For more information about how NYC Thin Crust collects, uses, and shares your personal information, please refer to our Privacy Policy.
13.2 Communications from NYC Thin Crust: You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that we provide in connection with your NYC Thin Crust Account and the Services. We may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via the NYC Thin Crust Platform.
It is your responsibility to keep your contact details accurate and up to date so that NYC Thin Crust can communicate with you. You can make changes to the contact details associated with your Account by logging in on any NYC Thin Crust powered online ordering page or within the NYC Thin Crust App.
All communications sent in electronic format will be considered to be in writing. Communications will be deemed received by you when they are: posted through the Services and we have provided you with notice of such posting where required by law, or sent to you via email or SMS to the contact information you have provided.
By voluntarily providing your mobile phone number to NYC Thin Crust or through any Services, you confirm you are authorized to provide that number to NYC Thin Crust and agree that NYC Thin Crust may contact you at that number. If you provide a mobile number, you expressly agree that NYC Thin Crust may contact you using automated telephone call, SMS or MMS messages at that phone number, and you hereby agree to receiving such communications for transactional, informational and operational purposes.
Your agreement to receive electronic Communications is valid until and unless you revoke it. You may opt out at any time. However, agreement to electronic Communications is a condition of some of our Services and, if you revoke it, you will no longer be able to use said Services. If you wish to opt out of electronic Communications, please contact support@nycthincrust.com
13.3 Electronic Communications From NYC Thin Crust: NYC Thin Crust controls and is responsible for the content in all NYC Thin Crust communications, and is responsible for ensuring that all NYC Thin Crust communications are only sent where legally required consent has been obtained.
Marketing SMS messages may be sent by NYC Thin Crust (the Platform) and/or the applicable Operating Entity, where required consent has been obtained. Consent to receive marketing SMS messages is not a condition of purchase.
13.4 SMS and Marketing Preferences. For SMS program terms, including consent, message frequency, costs, and opt-out instructions, please see Section 9 (SMS Policy). You may opt out of marketing emails at any time by using the unsubscribe link in the message. Even if you opt out of marketing communications, we may still send transactional or service-related communications as permitted by law.
14. Third Party Links
14.1 Third Party Links: In an attempt to provide increased value to our customers and other Platform visitors, NYC Thin Crust may provide links to services operated by third parties. However, even if the third party is affiliated with the Operating Entity, the Operating Entity has no control over these linked services, all of which have separate terms and privacy practices, independent of the Operating Entity. These linked services are only for your convenience and therefore you access them at your own risk. Nonetheless, the Operating Entity seeks to protect the integrity of its services and the links placed upon it and therefore welcomes any feedback on not only its own Platform, but for any third party’s it links to as well (including if a specific link does not work).
15. Notice and Address
15.1 Notice Delivery: The Operating Entity may deliver notices to you concerning your activities on this Platform by means of e-mail, a general notice on the Platform, or by other reliable method to the address you have provided to the Operating Entity.
16. Dispute Resolution and Arbitration
16.1 Arbitration Agreement
BY AGREEING TO THESE TERMS, YOU AND NYC Thin Crust EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, INCLUDING A CLASS ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Section is referred to as the Arbitration Agreement. Except where prohibited by applicable law, you agree that any and all disputes or claims, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that have arisen or may arise between you and NYC Thin Crust, whether arising out of or relating to these Terms or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify under the AAA Rules (as defined below) and under applicable law. You agree that, by agreeing to these Terms, you and NYC Thin Crust are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
16.2 Prohibition of Class and Representative Actions. You and NYC Thin Crust agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding in court or in arbitration. Unless both you and NYC Thin Crust agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
16.3 Dispute Resolution Procedures. Most concerns can be resolved quickly and to all parties’ satisfaction by contacting NYC Thin Crusts guest support team at support@nycthincrust.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail or nationally recognized overnight courier, a written notice of dispute (“Notice”).
Notices to NYC Thin Crust must be sent via registered mail, postage prepaid, return receipt requested, to: NYC Thin Crust 32 West 21st St, New York, NY 10010, Attn: Legal. Copies of all Notices may be sent via email at support@nycthincrust.com. However, a Notice will not be taken to have been delivered or received by email until delivery is effected by certified mail or overnight courier as required under this paragraph.
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and NYC Thin Crust do not resolve the claim within sixty (60) calendar days after the Notice is received, you or NYC Thin Crust may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by NYC Thin Crust or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or NYC Thin Crust is entitled.
16.4 Arbitration Procedures. Arbitration will be conducted by a single, neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) ConsumerArbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be vacated or modified only on the limited grounds set forth in the Federal Arbitration Act. Unless you and NYC Thin Crust agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances, which may include a virtual venue for arbitration. If the parties are unable to agree on a location, the determination shall be made by the AAA. To the extent described in the AAA Rules, a claim or dispute may be conducted solely on the basis of documents submitted to the arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a brief but reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
16.5 Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you are an individual consumer, then your individual filing fee will be capped at $50, and NYC Thin Crust will pay the remainder of the filing fee, unless the arbitrator determines your claims are frivolous. Any payment of attorneys’ fees will be governed by the AAA Rules.
16.6 Confidentiality. Except as may be required by law or as necessary to enforce or challenge the arbitration award in court, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential and may not be disclosed by either party without the prior written consent of the other party.
17. Miscellaneous
17.1 Governing Law. Any action, claim, or dispute related to these Terms will be governed by the laws of the State of New York, excluding its conflicts of law provisions, and controlling U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transactions Act will not apply to these Terms. For any court proceedings not subject to arbitration, you and NYC Thin Crust agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Manhattan, New York. The Operating Entity’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
17.2 Assignment. NYC Thin Crust may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without NYC Thin Crust’s prior written consent. Any attempted assignment in violation of this section shall be null and void. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
17.3 Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
17.4 Waiver. Failure of NYC Thin Crust to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against NYC Thin Crust unless made in writing and no such waiver will be construed as a waiver in any other or subsequent instance.
17.5 Force Majeure. NYC Thin Crust will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions, power failures and Internet disturbances.
17.6 Entire Agreement & Section Headings. Except as expressly agreed by NYC Thin Crust and you, these Terms constitute the entire agreement between you and NYC Thin Crust with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and NYC Thin Crust with respect to the subject matter.The section headings are provided merely for convenience and will not be given any legal import.
17.7 Survival. The following sections shall survive termination of these Terms or your use of the Services: Limitation of Liability, Indemnification, User Content and Feedback, Arbitration and Dispute Resolution, Assignment, and any other provisions which by their nature are intended to survive termination.
18. legal and related documents
These terms should be read together with the following documents, which govern your use of the services and are incorporated herein by reference:
– Privacy Policy
– Privacy Policy
– Do Not Sell or Share My Personal Information
– Google Maps / Google Api Disclosure Notice
– Legal Entity Disclosure and Any Location-Specific Disclosures Shown In-App/website.
These documents may be updated from time to time. Where applicable, the most current version will control.
The NYC Thin Crust Platform mailing address is as follows:
NYC Thin Crust
32 West 21 St Street
New York, NY 10010
212.807.7800