Terms of Service

1. Acceptance of Terms

By accessing or using the Pickupmybites platform (the “Platform”), including the website at pickupmybites.com and any related services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Platform. Pickupmybites reserves the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

2. Nature of Service

Pickupmybites operates solely as an online order facilitation platform. We provide technology that enables customers to browse restaurant menus, place pickup orders, and make payments. Pickupmybites is not a restaurant, food service provider, food delivery company, or food preparation establishment. We do not prepare, cook, handle, store, package, or deliver any food items. All food is prepared exclusively by independent third-party restaurant partners.

3. Limitation of Liability

To the fullest extent permitted by applicable law, Pickupmybites, its officers, directors, employees, agents, and affiliates shall not be liable for any of the following:

• Food quality, safety, or hygiene: All food is prepared by independent restaurant partners. Pickupmybites has no control over food preparation, ingredient sourcing, storage conditions, allergen management, or hygiene practices at any restaurant.
• Foodborne illness or allergic reactions: Customers assume all risk associated with consuming food ordered through the Platform. Any claims related to food safety, contamination, allergens, or illness must be directed to the restaurant that prepared the food.
• Order accuracy: While we transmit order details to restaurants, Pickupmybites is not responsible for incorrect, incomplete, or delayed orders. The restaurant bears sole responsibility for order fulfillment.
• Restaurant conduct: We do not control restaurant operations, hours, staffing, pricing accuracy, or service quality. Restaurant partners are independent businesses, not employees, agents, or contractors of Pickupmybites.
• Customer pickup: The customer is solely responsible for picking up their order at the designated restaurant location. Pickupmybites is not responsible for any incidents, injuries, or losses that occur during the pickup process, including but not limited to accidents, theft, or spoilage after pickup.
• Indirect or consequential damages: Under no circumstances shall Pickupmybites be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses.

4. Customer Responsibilities

As a customer using the Platform, you acknowledge and agree that:

• You are responsible for providing accurate order information, including any dietary restrictions, allergies, or special instructions.
• You are solely responsible for picking up your order from the restaurant in a timely manner. Orders not picked up within a reasonable time may be discarded by the restaurant at its discretion, without refund.
• You assume all risk associated with the consumption of food ordered through the Platform.
• You are responsible for verifying that the food received matches your order before leaving the restaurant premises.
• You will not hold Pickupmybites liable for any disputes between you and a restaurant partner.
• You are responsible for maintaining the confidentiality of your account credentials.

5. Restaurant Partner Responsibilities

Restaurant partners listed on the Platform are independent businesses that have agreed to the following:

• Full responsibility for food preparation, quality, safety, and compliance with all applicable health codes, food safety regulations, and licensing requirements.
• Accurate representation of menu items, pricing, ingredients, allergen information, and availability.
• Timely preparation and fulfillment of orders placed through the Platform.
• Compliance with all applicable local, state, and federal laws and regulations.
• Maintaining valid food service permits and health department certifications.

6. Indemnification

You agree to indemnify, defend, and hold harmless Pickupmybites and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your consumption of food ordered through the Platform.

7. Disclaimer of Warranties

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. Pickupmybites disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected.

8. Payment and Refunds

Payments processed through the Platform are handled by third-party payment processors (e.g., Stripe). Pickupmybites does not store credit card information. Refund eligibility is determined on a case-by-case basis and is subject to the restaurant's refund policy. Pickupmybites may facilitate refunds but is under no obligation to issue refunds for disputes related to food quality, taste preferences, or order accuracy, as these are the sole responsibility of the restaurant partner.

9. Intellectual Property

All content on the Platform, including text, graphics, logos, icons, software, and the compilation thereof, is the property of Pickupmybites or its content suppliers and is protected by intellectual property laws. Restaurant-submitted content (menus, images, descriptions) remains the property of the respective restaurant partners.

10. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Arizona. Each party shall bear its own costs and attorneys' fees. Class action lawsuits, class-wide arbitrations, and any other proceeding where someone acts in a representative capacity are not permitted.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

13. Termination

Pickupmybites reserves the right to terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Contact Information

For questions about these Terms of Service, please contact us at:

Pickupmybites
Email: legal@pickupmybites.com
Website: pickupmybites.com