Terms of Service
Effective Date: March 2026
Welcome to Pick and Chop. These Terms of Service ("Terms") govern your access to and use of the Pick and Chop website, mobile applications, and services (collectively, the "Platform") operated by Pick and Chop, Inc. ("we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.
1. Platform Role
Pick and Chop operates a multi-vendor food delivery marketplace that connects customers with independent restaurant vendors. We are not a restaurant, food manufacturer, or food delivery service. We serve as an intermediary platform that facilitates transactions between customers and participating restaurant vendors. Each restaurant vendor is an independent business solely responsible for the preparation, quality, safety, and accuracy of the food it provides. We do not prepare, cook, package, or handle any food products.
2. Eligibility
You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
3. Accounts
To place orders or access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Orders, Pricing, and Payment
All prices displayed on the Platform are set by the individual restaurant vendors and are listed in U.S. dollars. Prices may change without notice. A service fee, delivery fee (if applicable), and applicable taxes will be added to your order total at checkout. You agree to pay all charges associated with your order, including tips if elected. Payment is processed at the time of order placement through our third-party payment processors. We accept major credit and debit cards, Apple Pay, Google Pay, and other payment methods as displayed at checkout. All sales are final once the restaurant has confirmed your order, subject to our Refund Policy below.
5. Substitutions and Modifications
Restaurant vendors may substitute ingredients or menu items due to availability. If a substitution materially changes your order, the vendor will attempt to contact you. If you cannot be reached, the vendor may proceed with a reasonable substitution or remove the unavailable item and adjust the charge accordingly. You may include special instructions with your order, but restaurant vendors are not obligated to accommodate all requests. Allergen and dietary information provided on the Platform is supplied by vendors and may not be comprehensive.
6. Delivery, Pickup, and Proof of Delivery
The Platform offers delivery, pickup, and curbside service options, subject to availability at each restaurant. Delivery times are estimates and are not guaranteed. For delivery orders, a driver may capture a photo of the delivered order as proof of delivery ("POD"). By using the delivery service, you consent to the capture and storage of POD photos. You are responsible for providing accurate delivery instructions and ensuring someone is available to receive the order at the specified address.
7. Refund and Cancellation Policy
Refund eligibility depends on the circumstances of each order. You may request a refund for missing items, incorrect items, significantly delayed orders, or food quality issues. Refund requests must be submitted within 24 hours of order delivery or pickup. We review each request on a case-by-case basis and may issue a full or partial refund, or Platform credit, at our discretion. If you cancel an order before the restaurant has begun preparation, you may receive a full refund. Orders cannot be canceled once preparation has started. We reserve the right to deny refunds for repeated or suspected fraudulent claims.
8. Communications and Messaging
By creating an account, you consent to receive transactional communications from us related to your orders, including order confirmations, status updates, delivery notifications, and receipts, via email, SMS, and push notifications. You may also receive marketing communications, which you can opt out of at any time by following the unsubscribe instructions in the communication or by contacting us. Standard message and data rates may apply to SMS communications.
9. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose
- Submit false or misleading information
- Interfere with or disrupt the Platform or servers connected to the Platform
- Attempt to gain unauthorized access to any portion of the Platform
- Use automated means (bots, scrapers, etc.) to access or collect data from the Platform
- Harass, threaten, or abuse restaurant vendors, drivers, or other users
- Place fraudulent orders or engage in payment fraud
- Resell or commercially redistribute food purchased through the Platform
- Violate any applicable local, state, national, or international law
10. Intellectual Property
The Platform and its original content, features, and functionality are owned by Pick and Chop, Inc. and are protected by copyright, trademark, and other intellectual property laws. Our trademarks, service marks, logos, and trade names may not be used without our prior written consent. Restaurant names, logos, and menu content are the property of their respective owners and are used on the Platform with their permission.
11. User-Generated Content
You may submit reviews, ratings, feedback, or other content ("User Content") to the Platform. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, modify, and distribute such content in connection with the Platform. You represent that you own or have the right to submit any User Content and that it does not violate any third-party rights. We reserve the right to remove User Content that violates these Terms or is otherwise objectionable.
12. Third-Party Services
The Platform integrates with third-party services for payment processing, mapping, delivery logistics, and communications. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or reliability of third-party services.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTIES REGARDING THE QUALITY, SAFETY, OR ACCURACY OF ANY FOOD PRODUCTS ORDERED THROUGH THE PLATFORM, AS THESE ARE THE SOLE RESPONSIBILITY OF THE RESTAURANT VENDORS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICK AND CHOP, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
15. Indemnification
You agree to indemnify, defend, and hold harmless Pick and Chop, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.
16. Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Gwinnett County, Georgia. You agree to waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
17. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, internet service interruptions, or failures of third-party services.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in Gwinnett County, Georgia.
19. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform or via email. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Pick and Chop, Inc.
Email: hello@pickandchop.com