Terms & Conditions

Welcome to Babbo Italian Eatery

Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the website, mobile website, online ordering platform, social media pages, applications, and any other digital properties operated by Babbo (collectively, the "Site"), including the website located at babboitalian.com (the "Website"), operated by Babbo Italian Eatery ("Babbo," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. Babbo reserves the right to update or modify these Terms at any time by posting revised Terms on the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

Definitions

"You" and "your" refer to the person accessing this Website and accepting these Terms. "Babbo," "we," "us," and "our" refer to Babbo Italian Eatery. Singular and plural forms and pronouns (he/she/they) are used interchangeably and refer to the same parties.

Use of the Website

The information provided on the Site is for general informational purposes only. While Babbo endeavors to provide accurate and current information, we do not guarantee that any content is complete, accurate, reliable, current, or error-free. Any reliance on information provided through the Site is at your own risk. Babbo may modify, update, discontinue, or remove Site content, products, services, features, or offerings at any time without prior notice and without liability.

Menu items, hours of operation, availability, and applicable taxes may vary by location. Because Babbo's restaurants operate in different cities, prices, tax rates, and offerings shown on the Site may differ from those at a specific location.

You may use the Site for lawful personal and non-commercial purposes only. You agree not to use the Site in any way that:

• Violates any applicable federal, state, or local law or regulation
• Infringes upon the rights of others
• Is fraudulent, deceptive, or harmful
• Interferes with the operation of the Site or other users' enjoyment of it
• Attempts to gain unauthorized access to the Site's systems
• Introduces viruses, malware, or other harmful code
• Uses automated means to access, scrape, harvest, or monitor Site content
• Uses Site content for competitive purposes without authorization
• Impersonates any person or entity or misrepresents your affiliation with any person or entity

Babbo reserves the right to restrict, suspend, or terminate access to the Site at any time and for any reason.

Privacy and Cookies

Your use of the Site is also subject to Babbo's Privacy Policy, which is incorporated into these Terms by reference.

By accessing this Site, you consent to our use of cookies as described in our Privacy Policy. Cookies are small text files used to enhance Site functionality and analytics.

Intellectual Property

All content on the Site, including text, graphics, logos, trademarks, service marks, designs, design elements, recipes, menu descriptions, photographs, menus, software, source code, audiovisual materials, and the arrangement and compilation thereof, is owned by or licensed to Babbo and is protected by applicable intellectual property laws. All rights not expressly granted are reserved.

The Babbo Italian Eatery name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Babbo or its affiliates. You may not use such marks without Babbo's prior written permission. All other names, logos, and marks appearing on the Site are the property of their respective owners.

You may access content from the Site for your personal, non-commercial use, subject to these Terms. You may not:

• Republish material from the Site
• Sell, rent, or sub-license material from the Site
• Reproduce, create derivative works from, reverse engineer, frame, scrape, sell, license, modify, or otherwise exploit any portion of the Site
• Redistribute content from the Site
• Use Babbo's logos, brand assets, or trademarks without written permission

For partners and media seeking permission to use Babbo's brand assets, please visit our brand assets page.

Third-Party Services

The Website integrates with and links to third-party services for online ordering, reservations, catering management, payment processing, email marketing, and accessibility. These third-party services are not owned or controlled by Babbo and have their own terms and privacy policies, which govern your use of those services. Babbo is not responsible for the content, terms, or practices of third-party services. Such links are provided solely for convenience.

When you click an "Order Online" or "Make a Reservation" link, you may be directed to a third-party website or subdomain. Your transactions on those sites are governed by the respective third party's terms and policies.

Where online ordering offers a pickup time, any time shown is an estimate only and not a guarantee. Actual preparation and pickup times may vary based on order volume, kitchen capacity, and other factors.

Babbo does not endorse and is not responsible for the content, practices, products, services, or policies of any third-party site. Your use of third-party websites is governed by their respective terms and policies and is undertaken at your own risk.

User Submissions

You are solely responsible for any content, comments, reviews, feedback, suggestions, photographs, recipes, ideas, or other materials you submit through the Site ("Submissions").

You agree not to submit any content that:

• Is unlawful, offensive, defamatory, fraudulent, obscene, threatening, or otherwise objectionable
• Infringes any intellectual property, privacy, publicity, or other rights of another person
• Contains viruses, malware, or harmful code
• Violates any applicable law

Any Submission you provide will be deemed non-confidential and non-proprietary. By submitting content, you grant Babbo a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable right to use, reproduce, modify, publish, distribute, display, create derivative works from, and otherwise exploit such Submission in any media and for any purpose.

Babbo is under no obligation to review, return, acknowledge, compensate for, or maintain any Submission in confidence.

Communications

If you provide your email address, telephone number, or mobile number, you consent to receive communications from Babbo, including transactional messages relating to your account, reservations, purchases, loyalty programs, or orders.

Where permitted by applicable law and subject to your preferences, Babbo may also send promotional and marketing communications. You may unsubscribe from marketing emails at any time using the link in any such email.

Products, Pricing, and Availability

Product descriptions, menu items, pricing, promotions, and availability are subject to change without notice. Babbo reserves the right to limit quantities, discontinue products or services, and correct pricing or description errors at any time.

All purchases are subject to availability and any additional terms that may apply to specific products, services, catering orders, gift cards, reservations, or online ordering platforms. Individual promotions and offers may carry their own specific terms, which are provided with each promotion and govern in the event of any conflict with these general Terms.

Gift Cards

Standard issue Babbo Italian Eatery gift cards are valid for purchase of food and beverage only. Gift cards can be redeemed at any Babbo Italian Eatery location and do not expire; gift cards may not be used for purchase at food truck events. Lost or stolen gift cards cannot be replaced. Gift cards may not be redeemed for cash (except where required by law), gratuities, or wages on events. Specific terms of gift card sales (delivery, redemption, refunds) are explained at the point of purchase.

Promotional bonus cards (the black cards issued as part of gift card sale promotions) expire one year from the date of activation and are subject to any additional terms stated at the time of the promotion and printed on the back of each card.

Catering & Event Deposits

Catering events typically require a deposit to secure a date. Deposit terms (amount, refundability, deadlines) are communicated by our catering team at the time of booking and outlined in your event agreement. By booking a catering event, you agree to the deposit terms specified in your agreement.

Reservations

Reservations made through our Website are processed by our third-party reservation partner. Reservation confirmations, cancellations, and any specific policies are communicated by that partner. We may, at our discretion, contact you regarding your reservation for confirmation or service-related purposes.

Food Allergies & Dietary Restrictions

Babbo Italian Eatery prepares meals in shared kitchens using shared equipment and surfaces. While we take care to accommodate dietary needs, we cannot guarantee that any item is completely free from allergens or cross-contact with allergens such as nuts, dairy, gluten, eggs, soy, fish, or shellfish. Although we offer gluten-free options, our kitchens are not celiac-certified and we cannot guarantee that any item is free from gluten cross-contact. Menu descriptions and ingredient information are provided in good faith but are subject to change without notice as recipes, suppliers, or preparations evolve.

Guests with food allergies, sensitivities, or other dietary restrictions are responsible for informing their server before ordering and for making informed decisions about what to consume. Babbo Italian Eatery cannot be held liable for allergic reactions or adverse health outcomes resulting from consumption of our food or beverages.

Questions, Concerns & Feedback

If you have a question or concern about food quality, customer service, an order, or a refund, please reach out through the contact form on our contact page. Messages submitted through the contact form reach our management team so we can respond appropriately. Refunds and order-specific issues may be directed to the location where the purchase was made.

Accessibility

Babbo is committed to making its Website accessible to all guests. To learn more, or to request assistance, please see our Accessibility Statement.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, SERVICES, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BABBO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

BABBO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, OR THAT ANY ERRORS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BABBO, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

IN NO EVENT WILL BABBO'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO BABBO THROUGH THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Babbo and its affiliates, owners, officers, directors, employees, contractors, service providers, licensors, and agents from and against any claims, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your use of the Site;
• Your violation of these Terms;
• Your violation of any law or regulation; or
• Your infringement of any third-party right.

Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site that cannot be resolved informally shall be resolved by final and binding arbitration administered by a recognized arbitration provider under its applicable rules.

YOU AND BABBO AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Either party may pursue qualifying claims in small claims court where permitted by applicable law.

Governing Law

These Terms, and any dispute arising out of or relating to them or the Site, will be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles.

Injunctive Relief

You acknowledge that any unauthorized use of the Site or infringement of Babbo's intellectual property rights may cause irreparable harm for which monetary damages may be inadequate. Accordingly, you agree that Babbo will be entitled to injunctive or equitable relief, in addition to any other remedies available at law or equity.

Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

Waiver

No failure or delay by Babbo in exercising any right under these Terms will constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Babbo.

Entire Agreement

These Terms, together with our Privacy Policy and any policies or notices expressly incorporated by reference, constitute the entire agreement between you and Babbo regarding the Site and supersede all prior or contemporaneous communications relating to the Site.

Changes to These Terms

We may update these Terms from time to time. When we do, we'll update the "Last Updated" date at the top of this page. Material changes will be communicated through a prominent notice on our Website. Continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.