I. PARTIES
A. Perkchops ("Company," "Perkchops," "We," "Us," and "Our") is a company organized and existing under the laws of the State of New York. Perkchops operates a technology platform that facilitates ordering, payment processing, delivery coordination, catering coordination, event bookings, and related services between customers, vendors, and delivery providers.
B. Customer ("User," "You," and "Your") is an individual or organization authorized to use the Perkchops platform after accepting this Agreement.
II. SERVICE
A. Perkchops operates solely as a technology platform facilitating transactions between customers, vendors, and delivery providers. Vendors featured on the platform are independent businesses and are solely responsible for food preparation, ingredients, food safety, menu accuracy, legal compliance, and fulfillment of orders.
B. Delivery providers are independent entities responsible for transportation and delivery services.
C. Perkchops does not manufacture food, prepare food, inspect food, guarantee food quality, employ delivery drivers, or assume responsibility for vendor or delivery provider conduct except as expressly stated in this Agreement.
D. Customers may use our services only while in compliance with this Agreement and all applicable laws.
You must:
Provide true, accurate, current, and complete information about yourself.
Maintain and promptly update such information.
Maintain the confidentiality of your account credentials.
Accept responsibility for all activity occurring under your account.
II. PRICE, PAYMENT, AND PROMOTIONS
A. Pricing Accuracy.
Perkchops uses commercially reasonable efforts to keep prices, fees, taxes, availability, descriptions, and menu information accurate and up to date. However, such information may contain errors, omissions, inaccuracies, delays, or outdated information and may change without notice.
If a listed price, fee, tax, availability status, menu item, or other information is inaccurate, unavailable, or otherwise incorrect, and the vendor or Perkchops becomes aware of the issue before fulfillment, Perkchops may cancel the order, adjust the order, remove affected items, contact the customer for instructions, or provide a refund, partial refund, credit, or other remedy in its sole discretion.
B. Platform Pricing.
Prices displayed on the Perkchops platform may differ from prices available at a vendor's physical location, website, mobile application, telephone ordering system, third-party marketplace, or other sales channels.
Perkchops may apply markups, service fees, convenience fees, delivery fees, technology fees, processing fees, promotional pricing adjustments, or other pricing modifications in connection with orders placed through the platform. As a result, prices displayed on the platform may be higher or lower than prices available directly from a vendor.
By placing an order through the platform, customers expressly acknowledge and accept that menu prices may be higher than those charged by the vendor for in-store purchases or through other ordering methods.
The total amount displayed at checkout, including all menu prices, markups, fees, taxes, tips, surcharges, and other charges, shall control and constitute the final price of the transaction.
Customers acknowledge that Perkchops is under no obligation to disclose the amount of any markup, commission, margin, fee allocation, revenue share, or compensation arrangement between Perkchops and any vendor, delivery provider, advertiser, or third party.
The availability of lower prices through a vendor's physical location, website, telephone ordering system, mobile application, or any other channel shall not entitle a customer to a refund, credit, price adjustment, reimbursement, or other compensation from Perkchops.
IV. REWARDS PROGRAM – PERKS
A. Perkchops may offer customer rewards in the form of Coins. Coins may be awarded, earned, purchased, gifted, credited, or otherwise obtained through the Perkchops platform.
Coins may be used toward eligible purchases through the Perkchops platform, subject to the redemption rules applicable to the specific type of Coin.
Coins may consist of loyalty rewards, promotional credits, purchased credits, gifted credits, stored-value products, or other reward instruments designated by Perkchops from time to time.
Different types of Coins may be subject to different eligibility requirements, redemption rules, expiration dates, transferability restrictions, and other conditions.
Perkchops reserves the right to establish additional terms applicable to specific Coin products, promotions, gift programs, stored-value offerings, or other rewards programs.
Coins may consist of:
Coins: Vendor-specific promotional credits offered to customers at rates determined by individual vendors.
Gold Coins: Promotional credits redeemable toward eligible purchases from any participating vendor.
Sign-Up Coins: Promotional credits awarded directly by Perkchops during promotional campaigns, account sign-up promotions, special events, or other promotional programs.
Additional promotional credits, bonuses, referral rewards, loyalty incentives, or other rewards programs that Perkchops may establish from time to time.
B. Coin rates, earning rates, redemption values, eligibility requirements, and program rules may be modified, suspended, restricted, or terminated by Perkchops at any time without prior notice.
C. Unless otherwise stated, accrued Coins will retain the redemption value assigned at the time they were awarded.
D. For Events (Section VI) and Catering Orders (Section VII), vendors may establish limitations on the number or value of Coins that may be redeemed for a particular transaction.
E. Except where expressly required by law or expressly stated by Perkchops for a particular Coin product, promotion, gift program, or stored-value offering, Coins are not redeemable for cash and may not be transferred, assigned, sold, exchanged, pledged, inherited, or otherwise converted into monetary value. Different types of Coins may be subject to different redemption, transferability, expiration, and refund rules.
F. Coins may only be used through the Perkchops platform and only in accordance with the redemption rules applicable to the specific type of Coin.
G. Unless otherwise specified by Perkchops, Coins expire twelve (12) months after the date they are awarded. Expired Coins are automatically forfeited and may not be reinstated.
H. If an order is refunded, canceled, charged back, reversed, disputed, determined to be fraudulent, or otherwise invalidated, Perkchops may remove, reverse, adjust, cancel, or void any Coins associated with that transaction.
I. Perkchops reserves the right to suspend, revoke, adjust, cancel, void, or forfeit Coins in cases of suspected fraud, abuse, manipulation, technical error, misuse of promotions, violation of this Agreement, creation of multiple accounts for promotional purposes, unauthorized activity, or other conduct deemed improper by Perkchops.
J. Coins are promotional benefits only and create no vested rights. Perkchops may discontinue the Coins program, in whole or in part, at any time without liability, provided that Perkchops will use commercially reasonable efforts to honor valid, unexpired Coins already accrued prior to discontinuation, unless forfeiture, cancellation, adjustment, or voiding is permitted under this Agreement or applicable law.
K. Redemption of Coins may be subject to minimum purchase requirements, maximum redemption amounts, participating vendor restrictions, expiration dates, geographic limitations, promotional limitations, item restrictions, order-type restrictions, or other conditions established by Perkchops or participating vendors.
L. Perkchops shall not be liable for lost, expired, forfeited, inaccessible, incorrectly displayed, improperly redeemed, adjusted, canceled, or voided Coins, except as otherwise required by applicable law.
M. Coins are earned only on the amount actually paid by the customer and are not earned on taxes, tips, fees, redeemed Coins, promotional credits, refunds, chargebacks, complimentary items, or other amounts determined by Perkchops from time to time.
V. DELIVERY
A. Delivery minimums are established by individual vendors and may change without notice. A minimum order subtotal of Five Dollars ($5.00) may be required for pickup orders unless otherwise specified.
B. Any delivery time, arrival estimate, scheduled delivery time, or requested delivery time displayed on the platform is an estimate only and is not guaranteed. Traffic, weather, vendor preparation times, courier availability, order size, operational constraints, and other factors may affect delivery times.
Deliveries may be delayed by several hours in certain circumstances. Catering orders and large-volume orders are particularly susceptible to delays due to their size, preparation requirements, transportation requirements, equipment requirements, routing considerations, and other logistical factors.
Perkchops shall not be liable for delays in preparation, transportation, routing, delivery, setup, or fulfillment regardless of the length of such delay.
C. Delivery services may be performed by Perkchops, its employees, contractors, or independent third-party delivery providers. The person or entity performing delivery may leave orders at the delivery address, including at a door, reception desk, lobby, front desk, security desk, mail room, designated drop-off area, or other location reasonably determined by the delivery provider.
D. Customers are responsible for monitoring delivery notifications and promptly retrieving delivered orders. Perkchops shall not be responsible for food quality, temperature, theft, damage, contamination, spoilage, loss, or other issues occurring after an order has been delivered or left at the delivery location.
E. Customers are responsible for providing accurate delivery information, including address, apartment number, suite number, access codes, and contact information.
VI. EVENTS
A. Venues for events booked through the Perkchops platform may require a deposit equivalent to twenty percent (20%) of the total event cost, or such other amount as specified by the venue. Unless otherwise stated, deposits are non-refundable.
B. Total event cost is generally calculated based on the number of reserved guests, selected services, venue requirements, and other event-related factors. Additional guests, services, products, staffing, equipment, rentals, or accommodations may result in additional charges.
C. Unless otherwise specified by the venue or vendor, payment in full is required no later than seven (7) days prior to the scheduled event date. Customer cancellations occurring after payment has been made may not be eligible for a refund.
D. Additional charges may be assessed following completion of the event. The customer agrees to pay such charges when incurred. Additional charges may include, but are not limited to:
Damage to venue property, equipment, furnishings, fixtures, or facilities.
Additional food, beverages, products, services, staffing, rentals, equipment, or accommodations requested by the customer.
Extraordinary cleaning, maintenance, repair, replacement, disposal, or restoration costs.
Overtime charges, venue extensions, additional staffing, security requirements, or other costs arising from the event.
Any goods, services, costs, fees, taxes, gratuities, charges, or expenses not expressly included in the original event booking.
E. Event schedules, service times, setup times, delivery times, staffing levels, equipment availability, and related arrangements are estimates only and may be affected by venue operations, vendor availability, traffic conditions, weather conditions, equipment issues, staffing limitations, governmental actions, force majeure events, and other circumstances beyond Perkchops' reasonable control.
F. Perkchops acts solely as a technology platform facilitating bookings between customers, venues, vendors, service providers, and other third parties. Venues, vendors, caterers, entertainers, staffing companies, rental providers, and other service providers remain solely responsible for the goods and services they provide.
G. Venue and Event Liability.
Perkchops does not own, operate, manage, supervise, inspect, maintain, control, or provide security for any venue, event location, vendor, caterer, entertainer, staffing provider, rental provider, or other third-party service provider.
Customers acknowledge that attendance at or participation in any event involves inherent risks. To the maximum extent permitted by law, Perkchops shall not be liable for any personal injury, death, illness, property damage, theft, loss, accident, security incident, venue condition, food-related incident, alcohol-related incident, conduct of guests, conduct of venue personnel, conduct of vendors, conduct of service providers, or any other occurrence arising out of or related to an event, venue, or event-related services.
Any claims relating to a venue, event location, vendor, caterer, entertainer, staffing provider, rental provider, or other service provider shall be directed to the responsible party providing such goods or services.
H. Perkchops shall not be liable for venue closures, vendor cancellations, staffing shortages, equipment failures, scheduling changes, service interruptions, delays, force majeure events, or other circumstances beyond Perkchops' reasonable control.
I. In the event that a venue, vendor, or service provider cancels or is unable to fulfill its obligations, Perkchops may assist in arranging an alternative provider or facilitating a refund, credit, or other resolution, but does not guarantee the availability of replacement services.
VII. CATERING
A. Catering orders are subject to the applicable provisions of Section V (Delivery), including delivery estimates, delivery-provider practices, customer delivery responsibilities, and limitations relating to delays.
B. Catering orders may require additional preparation, packaging, staffing, equipment, transportation, loading, unloading, setup, and routing coordination. Customers are strongly encouraged to place catering orders at least two (2) to three (3) hours in advance, or earlier where required by the vendor or displayed on the platform.
C. Any catering delivery time, arrival estimate, scheduled delivery time, requested delivery time, setup time, or service time is an estimate only and is not guaranteed. Catering orders may be delayed by several hours due to order size, preparation requirements, traffic, weather, road closures, accidents, vehicle availability, staffing constraints, equipment requirements, venue access, loading and unloading requirements, routing considerations, and other operational factors.
D. Perkchops shall not be liable for delays in catering preparation, transportation, routing, setup, delivery, fulfillment, or related services, regardless of the length of such delay.
E. Refunds for customer cancellations will be issued in accordance with the vendor's applicable lead times and cancellation policy, as displayed on the platform or otherwise communicated to the customer. Refunds will not be issued for customer cancellations made within the applicable lead time.
F. A cancellation fee equal to twenty percent (20%) of the order subtotal may apply to catering orders over Five Hundred Dollars ($500.00) if canceled less than seventy-two (72) hours before the scheduled delivery or service time.
G. If a vendor refuses a catering order, closes unexpectedly, or is unable to fulfill a catering order, or if a delivery provider fails to complete delivery through no fault of the customer, the customer will receive a full refund of amounts paid for the order.
H. Perkchops acts solely as a technology platform facilitating catering transactions between customers, vendors, and delivery providers. Catering delivery may be performed by Perkchops, its employees, contractors, or independent third-party delivery providers. Vendors and third-party delivery providers are independent parties responsible for their respective goods and services.
VIII. GENERAL DISCLAIMER – ACCURACY OF INFORMATION
A. Perkchops relies on information supplied by vendors, delivery providers, third parties, publicly available sources, and automated systems. Perkchops does not independently inspect, test, verify, certify, guarantee, or warrant food quality, portion sizes, ingredients, allergen information, nutritional information, menu descriptions, photographs, images, pricing, availability, vendor representations, or delivery-provider performance.
B. Nutritional information is generally calculated using information supplied by vendors. When vendors do not provide sufficient information, Perkchops may use publicly available information, typical ingredient lists, or other third-party data to estimate nutritional values. Nutritional information may be inaccurate and should not be relied upon for medical, dietary, allergy, or health-related decisions.
C. Nutritional values may be classified as “high” or “low” based on general dietary guidelines. Perkchops does not provide medical, nutritional, dietary, or health advice.
D. Images, photographs, renderings, illustrations, graphics, and other visual content displayed on the Perkchops platform are provided for illustrative and informational purposes only. They may not accurately represent the actual food, beverages, portions, ingredients, packaging, presentation, colors, preparation methods, or products offered by a vendor.
E. Images may originate from vendors, publicly available online directories, stock image providers, third-party sources, artificial intelligence systems, image-enhancement technologies, or other sources. Images may be edited, enhanced, modified, generated, combined, stylized, or otherwise altered. Some images may be entirely AI-generated and may not depict an actual food item, ingredient, portion size, restaurant product, or real-world offering.
F. Customers should not rely on images as an exact representation of an item. Actual products may vary substantially from images displayed on the platform. Perkchops makes no representation or warranty regarding the accuracy, completeness, authenticity, realism, or suitability of visual content.
G. Allergen information is provided by vendors and third parties and may not always be accurate or complete. Food manufacturers may change ingredients without notice, and food preparation may result in cross-contamination. Perkchops cannot guarantee that any food item is free from allergens. Customers with food allergies, sensitivities, dietary restrictions, or medical conditions should contact the vendor directly before placing an order.
H. Perkchops shall not be liable for allergic reactions, food sensitivities, medical complications, or other adverse effects resulting from food ordered through the platform, to the maximum extent permitted by law.
I. Menu items, ingredients, prices, descriptions, photographs, nutritional information, allergen information, and availability are subject to change without notice. Vendors may substitute ingredients, modify recipes, alter portion sizes, discontinue products, or change menu offerings at any time. Perkchops does not guarantee that any menu item will be available or provided exactly as displayed on the platform.
J. Taste, freshness, temperature, appearance, portion size, presentation, and overall satisfaction are subjective and are controlled by vendors and delivery providers. Customer dissatisfaction alone does not automatically entitle a customer to a refund, credit, replacement, or other remedy.
K. Special requests are not guaranteed. Perkchops will transmit customer-entered requests to the vendor when technically feasible, but Perkchops does not control the vendor’s ability or willingness to fulfill such requests.
L. Order Issues and Refunds.
If a vendor refuses an order, closes unexpectedly, or is unable to fulfill an order, the customer will receive a full refund of all amounts paid for the order, including applicable menu prices, fees, taxes, and tips.
If a delivery provider fails to complete delivery through no fault of the customer, the customer will receive a full refund of all amounts paid for the order, including applicable menu prices, fees, taxes, and tips.
If menu descriptions, pricing, ingredients, nutritional information, photographs, images, renderings, or other menu content are inaccurate, incomplete, misleading, or differ from the actual product received, Perkchops may investigate the matter and may issue a refund, credit, partial refund, replacement, or other remedy in its sole discretion.
Perkchops may review information from the customer, vendor, delivery provider, payment processor, and other relevant parties when resolving an order dispute. Refund decisions made by Perkchops are final except where otherwise required by applicable law.
IX. INTELLECTUAL PROPERTY
A. The Perkchops platform and its content, including its software, website and app design, interfaces, text, graphics, images, photographs, logos, trademarks, service marks, names, descriptions, forms, widgets, templates, videos, audio, data, compilations, and other materials, are owned by or licensed to Perkchops and are protected by applicable intellectual-property laws.
B. Except as expressly permitted in writing by Perkchops, customers may not copy, reproduce, modify, distribute, display, publish, transmit, create derivative works from, reverse engineer, scrape, download, sell, license, or otherwise exploit any portion of the platform or its content.
C. By submitting or posting photographs, reviews, ratings, comments, descriptions, suggestions, feedback, messages, or other content through the platform, you grant Perkchops a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, translate, publish, distribute, display, perform, and create derivative works from that content in connection with operating, promoting, improving, and providing the Perkchops platform and related services.
D. You represent and warrant that you own or have all necessary rights, permissions, and licenses to submit any content you provide through the platform and that such content does not violate any third-party rights, including intellectual-property, privacy, publicity, or other rights.
E. Perkchops may remove, restrict, modify, or disable access to any customer-submitted content at any time, with or without notice, if Perkchops reasonably believes that the content violates this Agreement, applicable law, third-party rights, or platform policies.
F. If you believe that content on the platform infringes your copyright or other intellectual-property rights, please contact Perkchops with sufficient information to identify the allegedly infringing content and the basis of your claim. Perkchops may investigate the matter and take action it considers appropriate.
X. INFORMATION AND PERSONAL DATA
A. Perkchops may collect, use, store, process, and share personal information as necessary to operate the platform, process orders and payments, coordinate delivery, provide customer support, communicate with customers, prevent fraud, improve services, comply with legal obligations, and for other purposes described in the Perkchops Privacy Policy.
B. Perkchops may share information with vendors, delivery providers, payment processors, technology providers, customer-support providers, marketing providers, analytics providers, and other third parties as necessary to provide, operate, support, improve, market, or protect the platform, or as otherwise described in the Perkchops Privacy Policy.
C. Perkchops may use personal information to provide personalized recommendations, marketing communications, promotional offers, advertising, analytics, and other services, subject to applicable law and the customer’s communication preferences.
D. Perkchops uses commercially reasonable measures designed to safeguard personal information. However, no system is completely secure. To the maximum extent permitted by law, Perkchops shall not be liable for unauthorized access, data breaches, data corruption, data loss, or other security incidents caused by third parties, criminal acts, force majeure events, or circumstances beyond Perkchops’ reasonable control.
E. Your use of the platform is also governed by the Perkchops Privacy Policy, available at https://perkchops.com/help/legal/privacy, which is incorporated into this Agreement by reference.
F. Customers are responsible for ensuring that the contact information associated with their account is accurate and current. Perkchops may rely on the contact information provided by the customer when sending order confirmations, delivery updates, account notices, legal notices, and other communications.
XI. ACCOUNT SECURITY
A. You are responsible for maintaining the confidentiality of your username, password, verification codes, payment credentials, and other account-access information.
B. You are responsible for all activity occurring under your account, whether or not authorized by you, to the maximum extent permitted by applicable law.
C. You must immediately notify Perkchops if you suspect or become aware of any unauthorized access to, use of, or security breach involving your account.
D. Perkchops may suspend, restrict, reset, secure, or terminate access to an account if Perkchops reasonably believes that the account has been compromised, is being used fraudulently, violates this Agreement, or creates a security risk.
E. Perkchops is not responsible for losses arising from a customer’s failure to protect account credentials, devices, payment methods, or other account-access information, except where otherwise required by applicable law.
XII. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
A. Electronic Communications.
By creating an account, placing an order, using the platform, providing contact information, or otherwise interacting with Perkchops, you consent to receive communications electronically from Perkchops, vendors, delivery providers, payment processors, and other parties involved in fulfilling transactions facilitated through the platform.
Such communications may include emails, text messages, telephone calls, push notifications, in-app messages, receipts, order confirmations, order updates, account notices, marketing communications, promotional offers, legal notices, disclosures, and other communications related to your account, transactions, or use of the platform.
You acknowledge that electronic communications satisfy any legal requirement that such communications be provided in writing.
B. Electronic Signature and Acceptance.
By creating an account, checking a box indicating acceptance, clicking any button indicating agreement, placing an order, submitting information, using the platform, or otherwise electronically interacting with Perkchops, you agree that such actions constitute your electronic signature and your acceptance of this Agreement and any other applicable policies, notices, disclosures, or agreements.
You agree that your electronic signature shall have the same legal effect as a handwritten signature and that electronic records maintained by Perkchops shall be admissible as evidence of your acceptance of this Agreement.
XIII. TERM AND TERMINATION
A. This Agreement begins when you first access, create an account on, place an order through, or otherwise use the Perkchops platform and continues until terminated in accordance with this Agreement.
B. Perkchops may suspend, limit, restrict, or terminate your access to the platform, account, Perks, promotions, credits, or other services at any time if Perkchops reasonably believes that you have violated this Agreement, engaged in fraud, misused the platform, initiated improper chargebacks, provided inaccurate information, created a security risk, or engaged in conduct that may harm Perkchops, vendors, delivery providers, other customers, or third parties.
C. You may deactivate your account at any time. Account deactivation does not cancel pending orders, payment obligations, disputes, chargebacks, or other obligations that arose before deactivation.
D. Perkchops may retain account information, transaction records, communications, and other information as permitted or required by applicable law, the Privacy Policy, payment-processor requirements, fraud-prevention needs, dispute-resolution needs, or legitimate business purposes.
E. Upon termination or deactivation, provisions of this Agreement that by their nature should survive will remain in effect, including provisions relating to payments, refunds, intellectual property, user content, privacy, account security, disclaimers, limitation of liability, dispute resolution, arbitration, class action waiver, governing law, and any accrued obligations.
XIV. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERKCHOPS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS, DELIVERY PROVIDERS, PAYMENT PROCESSORS, AND OTHER THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, ANY ORDER, ANY EVENT, ANY CATERING ORDER, OR ANY GOODS OR SERVICES OBTAINED THROUGH THE PLATFORM.
B. THIS LIMITATION INCLUDES, WITHOUT LIMITATION, CLAIMS FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, FOOD QUALITY, FOOD SAFETY, FOOD PREPARATION, TASTE, FRESHNESS, TEMPERATURE, PORTION SIZE, INGREDIENT SUBSTITUTIONS, ALLERGEN EXPOSURE, DELIVERY DELAYS, DELIVERY FAILURES, RESTAURANT CLOSURES, MENU INACCURACIES, IMAGE INACCURACIES, PRICING DIFFERENCES, PROMOTIONAL ERRORS, VENUE CONDITIONS, EVENT INCIDENTS, VENDOR CONDUCT, DELIVERY-PROVIDER CONDUCT, OR CUSTOMER DISSATISFACTION.
C. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERKCHOPS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, ANY ORDER, EVENT, CATERING ORDER, OR ANY GOODS OR SERVICES OBTAINED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (1) ONE HUNDRED DOLLARS ($100.00); OR (2) THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC ORDER OR TRANSACTION GIVING RISE TO THE CLAIM.
D. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO AN ORDER, DELIVERY, CATERING ORDER, EVENT, VENDOR, DELIVERY PROVIDER, OR PLATFORM SERVICE SHALL BE THE REFUND REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT, EXCEPT WHERE OTHERWISE REQUIRED BY APPLICABLE LAW.
E. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XV. GOVERNING LAW
This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, the Perkchops platform, any order, catering order, event, or transaction facilitated through the platform, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.
XVI. ARBITRATION AND CLASS ACTION WAIVER
A. Informal Resolution.
Before initiating arbitration or any other legal proceeding, you must provide Perkchops with written notice of the dispute and allow Perkchops thirty (30) days to investigate and attempt to resolve the matter informally. The notice must include your name, contact information, a description of the dispute, the date of the relevant transaction, and the relief requested.
B. Binding Arbitration.
Except as otherwise provided in this Agreement or required by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement, the platform, any order, event, catering order, transaction, or relationship between you and Perkchops shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable consumer arbitration rules.
C. Arbitration Location and Procedure.
Arbitration shall take place in New York County, New York, unless the parties agree otherwise or applicable law requires a different location or procedure. The arbitration may be conducted remotely, by written submissions, or in person, as permitted by applicable rules and law.
D. Jury Trial Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PERKCHOPS WAIVE ANY RIGHT TO A TRIAL BY JURY.
E. Class Action Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PERKCHOPS AGREE THAT ALL CLAIMS SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR MASS ACTION.
F. Small Claims Court.
Either party may bring an individual claim in small claims court if the claim qualifies under applicable law and remains in that court.
G. Severability.
If any portion of this Section XVI is found unenforceable, the remaining portions shall remain enforceable to the maximum extent permitted by law. If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in a court of competent jurisdiction, while any remaining claims shall proceed in arbitration to the extent permitted by law.
XVII. PLATFORM STATUS
A. Perkchops operates solely as a technology platform that facilitates communication, ordering, payment processing, delivery coordination, catering coordination, event bookings, and related services between customers, vendors, delivery providers, venues, and other third parties.
B. Vendors are independent businesses and are solely responsible for food preparation, ingredient selection, food safety, menu accuracy, pricing information provided to Perkchops, legal compliance, and fulfillment of orders.
C. Delivery services may be performed by Perkchops, its employees, contractors, or independent third-party delivery providers. The party performing delivery is responsible for transportation, routing, handling, delivery, and related delivery services, subject to applicable law.
D. Venues, caterers, entertainers, staffing providers, rental providers, and other event-related service providers are independent third parties responsible for their respective goods, services, personnel, premises, operations, safety practices, legal compliance, and conduct.
E. Perkchops does not manufacture food, prepare food, inspect food, test food, operate venues, provide venue security, or supervise vendors or other independent third parties. Perkchops does not assume responsibility for the acts, omissions, goods, services, or representations of vendors, venues, or other independent third parties, except to the extent required by applicable law.
F. Perkchops may use automated systems, artificial intelligence technologies, machine-learning systems, third-party databases, publicly available information, and other technological tools to create, organize, enhance, classify, display, summarize, recommend, or present content on the platform. Perkchops does not guarantee the accuracy, completeness, reliability, or suitability of information generated or enhanced through such systems.
G. Perkchops may generate revenue through commissions, platform fees, delivery fees, convenience fees, subscription fees, technology fees, advertising fees, menu markups, promotional arrangements, vendor agreements, and other lawful business activities. Customers acknowledge that pricing displayed on the platform may include amounts retained by Perkchops and may differ from pricing available directly from vendors.
XVIII. FORCE MAJEURE
Neither Perkchops nor the customer shall be liable for any delay, failure, interruption, loss, damage, or inability to perform obligations under this Agreement to the extent caused by circumstances beyond the affected party’s reasonable control.
Such circumstances may include weather conditions, rain, snow, flooding, storms, traffic, road closures, accidents, vehicle breakdowns, transportation disruptions, labor shortages, staffing shortages, vendor delays, delivery-provider delays, equipment failures, utility failures, internet or technology outages, payment-processing failures, cybersecurity incidents, governmental actions, public-health events, civil unrest, strikes, natural disasters, fire, acts of terrorism, or other force majeure events.
The affected party shall use commercially reasonable efforts to resume performance when reasonably possible.
XIX. SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, unenforceable, or otherwise ineffective by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall remain valid, enforceable, and in full force and effect.
XX. ENTIRE AGREEMENT
This Agreement, together with the Perkchops Privacy Policy, any applicable Perks terms, order-specific terms, event-specific terms, catering-specific terms, promotions, notices, and other policies or disclosures incorporated by reference, constitutes the entire agreement between you and Perkchops regarding your use of the platform and supersedes all prior or contemporaneous written, electronic, or oral agreements, communications, representations, and understandings relating to the same subject matter.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of Perkchops. A failure by Perkchops to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Perkchops may update or modify this Agreement from time to time. Updated Terms will be posted on the platform or otherwise made available to customers. Your continued use of the platform after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law.
