I. Parties

A. Perkchops (Company, We, Us, Our) is a company organized and existing under the laws of the State of New York. We provide a food ordering and delivery platform via our website and app.

B. Customer (User, You, Your) is an individual or organization authorized to use the Perkchops platform after accepting the terms herein.

II. Service

A. Perkchops allows customers to order from vendors via its website and app. The vendors featured on our platform operate independently of Perkchops. We do not verify and are not liable for representations made by vendors regarding their food.

B. Customer may use our services only while in compliance with this agreement and all applicable laws. You must:

1. Provide true, accurate, current, and complete information about yourself; and

2. Maintain and promptly update the above information to keep it so.

III. Price, Payment, and Promotions

A. We use our best efforts to keep prices accurate and up to date. If the price listed is inaccurate, or a product is unavailable, and the vendor informs us upon your placement of an order, we will contact you and you may cancel the order for a full refund.

B. Perkchops is a registered New York State sales tax vendor and will collect sales tax on all taxable sales of tangible personal property that it facilitates for delivery to a New York State address.

C. Payment must be made at the time of purchase by credit card. Tips may be paid through the platform or at the time of delivery by cash.

D. We may offer promotions and discounts on our platform. These may be terminated or modified at our sole discretion at any time without prior notice. Eligibility for promotions and discounts may be assigned or revoked at company’s discretion and are not transferable or salable by users.

E. Customer Photo Promotion: You may submit unmodified, unfiltered, color photographs of dishes from your favorite affiliated restaurants for review. Approved photographs will be credit to you with the caption “Photo by [your name]”, and a credit of $0.25 will be awarded to your Perkchops account.

IV. Rewards Program - Perks

A. We offer customer rewards in the form of Perks. Perks are credits accrued on completed orders that may be used on future orders. They consist of:

1. Ordinary Perks: Vendor-specific credits offered to customers at fixed rates determined by individual vendors.

2. Golden Perks: Credits redeemable towards future purchases at any vendor.

3. Sign-up Perks: Ordinary Perks awarded to customers directly by Perkchops during certain promotional events.

B. Perk rates may change without notice, however accrued perks will always retain the value ascribed at the time of award.

C. For Events (see VI.) and Caterings (see VII.), vendor may assign a maximum number of perks which may be redeemed per use.

V. Delivery

A. Delivery minimums are set by each individual affiliated vendor. A minimum order subtotal of $5.00 will be required to place a pick-up order on the website.

B. Delivery estimates may not reflect current conditions. If your order is not delivered within the estimated time, please contact the vendor directly.

C. If you fail to accept delivery at the time an attempt is made, or we are unable to deliver due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you.

D. You must ensure that there is a properly illuminated access route from a public way to your place of delivery.

VI. Events

A. Venues for events booked through Perkchops require a deposit equivalent to twenty (20) percent of the total event cost. Deposit is non-refundable.

B. Total event cost is calculated from the number of reserved guests. Extra guests will incur additional charges.

C. Payment in full is required seven (7) days prior to the scheduled event. No refunds will be issued for customer cancellation after payment is made.

D. Additional charges for incidental costs may be assessed after completion of the event. You will be notified of any such charges. Incidental costs include:

1. Repairs/Replacements due to damage of the premises or property of the venue.

2. Additions, alterations, or substitutions to food/drink, services, or property, whether by request or necessity.

3. Extraordinary maintenance costs that may be required to return the premises to its original condition.

4. Any other goods/services/costs that are not explicitly included on the Perkchops Venue page.

VII. Catering

A. All catered events are subject to the same conditions as Delivery (see V.).

B. Refunds for customer cancellation will be issued in accordance with vendor lead times, which will be available on the Perkchops platform. Refunds will not be issued for customer cancellations made within designated lead time.

C. A cancellation fee of twenty (20) percent of subtotal applies to orders over $500.00 if cancellation is effected less than seventy-two (72) hours prior.

D. In the event of a vendor-directed cancellation, customer will be refunded in full.

VIII. General Disclaimer - Accuracy of Information

A. Nutritional value is usually calculated using information provided by vendors (but see sec. B. below). This information is not always accurate and should not be relied on. Please contact the vendor directly if you have any questions.

B. When vendors fail to provide requested information, internet data is used to discover the typical ingredient list and calculate the nutritional value of a given dish. For example, it may be that a typical hamburger sandwich uses 80/20 beef, and an affiliated vendor uses a higher or lower fat beef. The nutritional value we provide would reflect the typical product, and may thus not accurately reflect that of a given vendor.

C. Nutritional values are classified as “high” or “low” according to the % Daily value for one serving from FDA dietary guidelines. For more information please visit:

https://www.accessdata.fda.gov/scripts/InteractiveNutritionFactsLabel/pdv.html

D. Nutritional values may be marked with either a red or green dot, corresponding to values deemed “healthy” or “unhealthy” by the WHO. For more information please visit:

https://www.who.int/news-room/fact-sheets/detail/healthy-diet

E. We do not purport to give any form of health advice. All recommendations are based on the above guidelines and are subject to the same inaccuracies as in A. and B.

F. Allergens. Food manufacturers may change their products without notice and preparation of food may result in cross-contamination. We cannot guarantee that any food item will be completely free of food allergens. You agree to indemnify and hold harmless Company in any case where food ordered through our platform causes an allergic or adverse reaction.

G. Special requests are not guaranteed. We will deliver all customer-entered data to the vendor, but we have no control over the vendor’s ability or willingness to abide by such requests.

IX. Intellectual Property

A. Content, which includes all images, names, descriptions, forms, widgets, designs, logos, templates, and other readily accessible data on the website and app is the intellectual property of Perkchops. Content may not be copied, reproduced, distributed, or displayed without express written permission.

B. Content includes ALL user-submitted personal data, photos, descriptions, reviews, and other materials. You agree to grant Perkchops an unrestricted and perpetual license to use such materials.

C. If you believe that any content infringes on your copyrights, you may contact us directly, and we will take immediate action.

X. Information and Personal Data

A. We use, store, and process your personal information to provide our service, including limited sharing with necessary third parties, such as payment processors.

B. We may also use this information to make personalized recommendations and for marketing and advertising purposes. This may include disclosure to select third parties when we believe the services offered by those parties may be of interest to you or when required by law.

C. We take precautions to safeguard personal data. You agree to hold us harmless in case of a data breach, data loss/corruption, or other such events which are out of our reasonable control.

XI. Term and Termination

A. We may terminate this agreement at any time, including in the event of your actual or suspected unauthorized use of our platform or non-compliance with the terms herein.

B. You may deactivate your account at any time and make it dormant. You will be able to reactive a dormant account within one year of deactivation.

XII. Entire Agreement

This agreement sets forth the entire agreement between parties and supersedes all prior written or oral negotiations and agreements.

XIII. Force Majeure

Neither party shall be liable for any loss, damage, delay, or failure to perform in whole or in part resulting from causes beyond such party’s reasonable control.

XIV. Severability

If any provision of this agreement is found to be invalid or otherwise unenforceable, the remainder of this agreement will remain valid and enforceable.