Last updated July 16th, 2024
These Terms of Use ("Terms") together with any documents incorporated by reference herein, govern, among other things, your use of the Pizza Hut, LLC (“Pizza Hut”) websites, any applicable mobile application offered by us, and any other site on which these Terms appear, and any related features or services, including, without limitation, the purchase and sale of products and services, whether as a guest or a registered user (“Services”). By accessing or otherwise using Services, or otherwise agreeing to these Terms, you agree to be bound by them. Pizza Hut may revise the Terms, information, services and the resources from time to time, and Pizza Hut we reserves the right to make such changes without obligation to notify past, current or prospective visitors. Your continued access or use of the Services after changes have been made, among other things, constitutes your acceptance of any new or amended Terms. Throughout the Services and these Terms, the terms "we" and "our" refer to Pizza Hut and "us" refers to you and Pizza Hut. Pizza Hut offers this Site, including all information, tools and services available from the Services, to you, the user, conditioned upon your acceptance of these Terms.
In no event shall Pizza Hut be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE CLASS ACTION WAIVER MEANS YOU AGREE TO PROCEED WITH ANY CLAIM OR DISPUTE INDIVIDUALLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU AGREE TO BE BOUND BY THESE DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
These Terms constitute a legally binding agreement and the entire agreement between you and Pizza Hut regarding accessing or using the Services and the features therein.
By installing, accessing, or using the Services, or clicking “Accept,” “Agree,” or “Place Order” when this option is made available to you, you: (i) acknowledge that you have read and understood these Terms; and (ii) accept these Terms and agree that you are legally bound by these Terms and any other terms or policies incorporated by reference herein.
Pizza Hut strives to ensure that the information contained in the Services is accurate and reliable. However, Pizza Hut, the internet, and the Services are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Pizza Hut makes no representations about the reliability of the features of the Services, the Pizza Hut Content (defined below) Submitted Content (defined below) or any other Services feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Pizza Hut is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not reflect the opinions of Pizza Hut, and Pizza Hut does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Pizza Hut prior to posting and Pizza Hut has no obligation to review, monitor, delete, or edit Submitted Content. However, you acknowledge and agree that Pizza Hut has the right to review Submitted Content at any time in its sole discretion, for any reason, or no reason, with or without notice. Pizza Hut makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Pizza Hut makes no representations regarding the amount of time that any Pizza Hut Content or Submitted Content will be preserved.
Pizza Hut disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Services, including without limitation the merchantability or fitness for any particular purpose. Pizza Hut is not liable or responsible for any damages or injuries caused by use of the Services (such as viruses, omissions or misstatements). THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE USED IN CONNECTION THERE WITH. NEITHER PIZZA HUT NOR ANY PERSON OR ENTITY ASSOCIATED WITH PIZZA HUT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FOREGOING. NEITHER PIZZA HUT NOR ANY PERSON OR ENTITY ASSOCIATED WITH PIZZA HUT REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS. UNDER NO CIRCUMSTANCES, INCLUDING UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), SHALL PIZZA HUT OR ANY OF PIZZA HUT'S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (i) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (ii) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT AND (iii) ATTORNEYS' FEES THAT RESULT FROM OR ARE OTHERWISE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES. NOR SHALL PIZZA HUT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISSTATEMENTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES. DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PIZZA HUT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIE SERVICES” RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL PIZZA HUT'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED US $5.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM, ACTION OR PROCEEDING RELATED IN ANY WAY TO THE SERVICES OR THESE TERMS MUST BE PROVIDED WITHIN 1 YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
By using, communicating through, or submitting information through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed here.
On certain areas of the Services, you may be given the ability to contact us, for example, to sign up for services such as e-mail notifications, text messages, and newsletters about our products, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through the Services is governed by our Privacy Policy. When you voluntarily sign up for these services and communications, you understand and consent to receiving marketing, transactional and other messages from Pizza Hut.
These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Services users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is Pizza Hut's company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering and using the Services you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is Pizza Hut's policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, Services Updates (as defined herein), text, displays, images, company names, logos, product and service names, slogans, video, audio, html code, and the design, selection, and arrangement thereof) (“Pizza Hut Content”) are owned and used by Pizza Hut its subsidiaries and affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Pizza Hut Content is used to distinguish Pizza Hut's quality products and services.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Pizza Hut Content. Specifically, you must not:
Any attempt to do any of these prohibited activities is a violation of Pizza Hut's intellectual and proprietary rights and the rights of its licensors of the Services and Services Updates.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to ourCopyright Complaint Processpage and follow the instructions.
On certain areas of the Services you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). You have no ownership rights in your account or other access to the Services or features therein, and Pizza Hut may delete all Submitted Content at any time, with or without notice, if Pizza Hut deems that you have violated these Terms, the law, or for any other reason. Pizza Hut assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or features therein.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit to Pizza Hut may be used by Pizza Hut anywhere, anytime and for any reason whatsoever subject to the following terms:
Pizza Hut has no obligations to monitor any materials posted, transmitted or communicated to or within the Services. Pizza Hut, in its sole discretion, has the unexclusive right to: (i) remove or refuse to post any Submitted Content, (ii) disclose your identity or other information about you to any third party who claims that Submitted Content contributed by you violates their rights, including their intellectual property rights or their right to privacy, and (iii) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information. If you believe that something on the Services violates these Terms, pleaseClick Hereto send us a message through our "Contact Us" page.
Pizza Hut enables you to make card-based purchases through the Services by linking your user account to a debit, credit, and/or prepaid credit card issued in the United States (“Payment Method”). Your user account is not a bank account. Pizza Hut is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the U.S. Department of Treasury. By linking a Payment Method to your user account, you represent that you are an authorized user of the Payment Method. You may change the Payment Method associated with your user account at any time. You are responsible for ensuring that the Payment Method associated with your user account is at all times current, non-expired, and valid for payments.
By linking a Payment Method to your user account, you authorize Pizza Hut to charge your linked Payment Method as necessary to complete payment to Pizza Hut for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, Pizza Hut may charge your Payment Method again at a later time without advance notice to you. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your user account, you authorize a credit to your Payment Method by Pizza Hut to execute that transaction. Your represent and warrant that (i) the Payment Method you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by the financial institution supporting the Payment Method, and (iv) you will pay charges incurred by you at the posted prices, including delivery and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order. All purchases, orders, and charges authorized using the Services subject to the terms and conditions set forth by the entities that issue your Payment Method and the Payment Processor. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions. There is no limit on the frequency of transactions you may make using your user account. However, Pizza Hut reserves the right to impose limits without notice on the amount of transaction(s) you make at Pizza Hut's sole discretion, for any reason or no reason.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Pizza Hut is not responsible for these financial transactions, the security of your financial information with respect to these transactions, or any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
Pizza Hut hereby grants you a limited, non-exclusive, revocable license to make use of the Services regardless of the medium by which the Services are accessed by you (e.g., via a web browser, mobile browser, or mobile application), provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Pizza Hut's prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms.
You acknowledge that any reliance on the Services, Pizza Hut Content or Submitted Content will be at your own risk. Pizza Hut makes no representations regarding the amount of time that the Services, Pizza Hut Content or Submitted Content will be preserved. The rights granted herein are non-transferable and are limited to Pizza Hut Content and do not include any third-party patents or intellectual property rights. Other than the rights granted herein, these Terms do not grant you any rights to use Pizza Hut Content and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Services. These Terms do not entitle you to receive and do not obligate Pizza Hut to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services.You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, for any reason or no reason with or without notice, to refuse service, to block or prevent future access to and use of the Services, to terminate any user's account, and to alter or delete any material submitted to the Services through the user's account. Following termination of this license, these Terms shall apply to the extent practicable. The Services are intended for use by those who are 18 years of age or older only and you represent that you are 18 years of age or older and of legal age to enter into a binding agreement. If you are not 18 years of age or older, you are prohibited from using the Services without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you have provided legal consent and will monitor and supervise the use of the Services by minors under your care, and you agree to be responsible for their use of the Services. Any use of the Services by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Services.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Services in a manner that sends more request messages to the Pizza Hut servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Pizza Hut grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pizza Hut reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submitted Content.
Before you can make use of certain services associated with the Services, you may be required to register with the Services and create an account. You agree and warrant that all information you provide to us through the Services, including but not limited to any contact information, registration information, or payment information is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address. You are responsible for maintaining the confidentiality of your account and any passwords or linked accounts, and you agree to accept responsibility for all activities that occur under your account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, passwords, linked accounts or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account, either with or without your knowledge. However, you may be liable for the losses of Pizza Hut or others due to such unauthorized use. By creating an account with the Services, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). You may never use another's account without permission. If you have created a Loyalty Program account, ourHut Rewards Loyalty Program Terms and Conditions , which are hereby incorporated by reference, will apply to that account in addition to these Terms.
Pizza Hut enables users to transact with Pizza Hut to initiate online purchases from participating restaurants. When you place an order through the Services, you are ordering directly from a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you may be purchasing directly from franchise restaurants (and not Pizza Hut) and that Pizza Hut has no responsibility arising out of or related to any products that you purchase from franchise restaurants through the Services.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the restaurant that you selected, or there will be no obligation to sell the products or services to you. Pizza Hut and/or an independently franchised restaurant location may choose not to accept orders through the Services, in its sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
When you purchase products or services through the Services, prices will be made clear during the order process. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or in-Services notification. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email or in-Services notification. Pizza Hut may charge you a convenience or service fee in addition to the amounts charged in connection with a transaction utilizing the Services. This service fee will be displayed in the Services and in your email receipt as a “Service Fee.”
Prices posted on this Services may be different than prices offered at each Pizza Hut franchise location. All prices, discounts, and promotions posted on this Services are subject to change without notice. Pizza Hut does not warrant the completeness or accuracy of any information, including menu information, product descriptions, ingredient lists, calorie count, or business operation information. The inclusion of any product or service on the Services does not imply or warrant that these products or services will be available at the restaurant where you collect your order. Pizza Hut strives to display accurate price information, however, it may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. In addition, we may offer, from time to time, promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Pizza Hut reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Pizza Hut reserves the right, with or without notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any product or service, (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion, (iii) bar you from making or completing any or all transactions, and (iv) refuse to provide you with any product or service. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that the ability to purchase products and services through the Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.
You agree to be charged at the time you place your order for product or services, and that the transaction for the purchase of products or services is final and complete at the time you are charged.
In some locations, you may be able to place an order for delivery. Pizza Hut and its delivery vendor(s) reserve the right to accept or decline an order for any reason up until the time the product is delivered to you. You acknowledge and agree that delivery times may vary, and that Pizza Hut makes no warranty or guarantee with respect to when your order will be delivered. Delivery is not available in all locations. You agree that your delivery request (where available) may be fulfilled by a third party in Pizza Hut's discretion. Prices posted by third-party delivery sites may be different from prices offered at each Pizza Hut franchise location. Pizza Hut does not warrant the completeness or accuracy of any information provided by third-party delivery sites. You further agree that Pizza Hut may provide your contact information, including telephone number, to its delivery vendor(s) so that you may receive information regarding your order.
Pizza Hut will not accept returns of products or services purchased through the Services. You may be entitled to a refund, at the sole discretion of Pizza Hut or its agents, based on the individual circumstances underlying each request. All refunds will be processed via the Payment Method used to place the order. Please allow at least four weeks for the refund to be processed. Refund times may vary based on the terms and conditions of the issuer of your Payment Method. If your order is not accurate or complete when you pick it up, please immediately inform the restaurant.
The Services may only be used for the bona fide purchase of goods and/or services offered in the ordinary course of Pizza Hut's business, and may not be used to process a payment or otherwise transfer money between two parties. The Services may not be used for transactions in which you request cash back from Pizza Hut. The Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. Pizza Hut reserves the right to decline any attempted transaction if it appears that any of these Terms have been violated.
Pizza Hut may make available for download certain updates or upgrades for the Services to update, enhance, or further develop the Services (“Services Updates”). Pizza Hut may, at its discretion, automatically upload Services Updates to your device. You agree to accept these Services Updates, and to pay for any costs associated with receiving them. The license granted herein allows you to download and use the Services Updates to update the Services on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Services Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Services Updates, unless such copy is authorized in writing by Pizza Hut.
If you download and/or use the Services through an iPhone or iPad application, you acknowledge that these Terms are entered into by and between Pizza Hut and you, and not Apple, Inc. (“Apple”). You acknowledge that Apple has no obligation to maintain or support the Services. These Terms incorporate and supplement the Apple terms and conditions located on The App Store, including the Licensed Application End User terms therein (“Apple Terms”). If you are using the Services through an Apple application, you also acknowledge and agree: (i) Apple has no obligation to provide support or maintenance services in relation to the Apple application, (ii) any claims relating to the possession or use of the Apple application are between you and Pizza Hut, and (iii) Apple will not be responsible or liable to you for any claim by a third party that your possession or use of the Apple application infringes any intellectual property rights. Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple application.
You agree to defend, indemnify and hold harmless Pizza Hut, its parents, affiliates, subsidiaries, officers, employees, and Services contractors and each of their officers, employees and agents from any actual or alleged claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney's fees) arising out of or relating to: (i) your violation of these Terms, (ii) your violation of any local, state, federal, or international law, rule, or regulation, (iii) a claim by a third party that is based on your use of the Services, your Submitted Content, or participation in the Services, (iv) information or material posted or transmitted through your device, computer, or account, even if not submitted by you, (v) any misrepresentation made by you, (vi) any dispute between you and another user of the Services or participant in the Services relating to the Services in any way, (vii) the theft, misappropriation, or disclosure of your passwords or other account details (including linked accounts), (viii) your authorization of anyone else to use your account, passwords, linked accounts and/or (ix) your use of any of the products or services provided through the Services which may result in, without limitation, injury to or death of any person or damage to any property. You will cooperate as fully and as reasonably required in Pizza Hut's defense of any claim. Pizza Hut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Pizza Hut.
The Services may link to sites not maintained by or related to Pizza Hut. Hyper links are provided as a service to users and are not sponsored by or affiliated with the Services or Pizza Hut. Pizza Hut has not reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Pizza Hut makes no representations or warranties about the content, completeness or accuracy of these links or the sites or services hyperlinked to or from the Services. Furthermore, Pizza Hut does not implicitly endorse third-party sites hyperlinked to or from the Services.
If you choose to participate in the Services on a mobile device, you are solely responsible for obtaining and paying for any such mobile device, and all related fees and services, including data and internet usage fees. You may choose to participate in Pizza Hut promotions or services that may involve the use of text messaging (either sending or receiving). If you chose to subscribe to text messaging from Pizza Hut, you consent to receive text marketing messages at the mobile number you provided, including messages sent using automated technology from or on behalf of Pizza Hut, and understand that such consent is not a condition of purchasing any goods or services. Pizza Hut will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
Many of our restaurants are owned and operated by franchisees. These Terms do not apply to any separate text message marketing programs offered by those franchisees. If you are receiving text messages from a Pizza Hut franchisee and wish to opt-out, you must do so directly through the respective franchisee. To stop receiving automated promotional text messages from Pizza Hut text “STOP” to 31524. For more information, text HELP to 31524.
Your voluntary provision of your cell phone number to Pizza Hut constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of that phone number. You understand and agree that calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner. You agree to immediately contact us if any number you have provided to Pizza Hut is no longer associated with you. Your failure to provide and update your accurate information is a breach of these Terms. You agree that we and our agents may monitor and record any telephone calls or other communications between us and/or our agents and you and/or your agents.
Please read this Dispute Resolution section carefully. It affects your legal rights. It provides for resolution of most claims and disagreements between you and Pizza Hut through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent permitted by applicable law.
There might be an occasion in which a Dispute (as defined below) arises between you and Pizza Hut. Should such a situation arise, Pizza Hut is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and Pizza Hut, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.
The informal Dispute resolution process requires that the party raising the Dispute send a personally signed, written notice to the other party, providing all of the following information: (i) name and contact information (address, telephone number, and email address); (ii) sufficient information to enable you or Pizza Hut to identify any account and transaction at issue; and (iii) a detailed description of (a) the nature and basis of the Dispute and any claims, and (b) the nature and basis of the relief sought, with a detailed calculation for it. You agree to send the foregoing notice to the following email address: phlegal@yum.com or via certified mail to: Pizza Hut Legal Department, 7100 Corporate Drive, Plano, Texas 75024. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. The time period referenced below begins to run upon receipt of a completed written notice.
You and Pizza Hut then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephonic settlement conference between you and Pizza Hut if the party receiving the notice requests such a conference. If either party to the Dispute is represented by counsel, that party's counsel may participate in this conference, but the party also must personally attend the conference. This process should lead to resolution of the Dispute, but if it is not resolved within 60 days after receipt of the completed notice detailed above (which period can be extended by agreement of the parties), you and Pizza Hut agree to the further Dispute resolution provisions below.
This informal Dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court. The party initiating arbitration must include with a demand for arbitration a personally signed certification of compliance with the informal Dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your counsel, if you are represented; if we initiate arbitration, then the certification must be signed by a Pizza Hut representative and our counsel, if we are represented.)
The parties agree that any relevant limitations period (including applicable statutes of limitations) and filing fee or other deadlines shall be tolled while the parties engage in this informal Dispute resolution process. If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to seek appropriate relief for non-compliance in arbitration.
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Pizza Hut in accordance with this version of the arbitration agreement.
Except with respect to the application of the Federal Arbitration Act and federal arbitration law as set forth above, these Terms and your access to or participation in the Services are governed by the laws of the state of Texas without regard to Texas conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration and cannot be brought in small claims court, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in the Northern District of Texas for purposes of any legal action arising out of or related to access to or participation in the Services or these Terms (including for any challenge to the enforceability of any of the provisions of the Terms) and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
Where required, Pizza Hut may give notice to you by a general posting in the Services, by electronic mail, or by conventional mail to your address of record. You may give notice to PIZZA HUT by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Services, or your dealings with Pizza Hut, please contact us by using this Form or at the following address:
Pizza Hut, LLC
7100 Corporate Drive
Plano, Texas 75024
Both you and Pizza Hut acknowledge and agree that no partnership is formed, and neither you nor Pizza Hut have the power or the authority to obligate or bind the other.
The failure of Pizza Hut to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect except as otherwise provided herein.
The Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver) and limitations on Pizza Hut's liability shall survive termination of these Terms.
Software that may be available in connection with the Services is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of Pizza Hut to comply with these Terms because of an act of God, war, fire, riot, terrorism, pandemic or epidemic, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pizza Hut, shall not be deemed a breach of these Terms. If Pizza Hut fails to act with respect to your breach or anyone else's breach on any occasion, Pizza Hut is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
If any provision of these Terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any remaining provisions except as provided herein.
Pizza Hut may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Services.