Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “Customer”) and [website] (“we”, “us”, or “our”) governing your access to and use of our online ordering website, mobile-optimized pages, account features, and related digital services (collectively, the “Service”). They incorporate by reference our Privacy Policy and, where applicable, our Consumer Health Data Privacy Notice.

1. Acceptance of Terms

You accept these Terms by any of the following affirmative actions: (a) selecting the “Place Order,” “Pay,” or equivalent button on the checkout page that displays a notice indicating that selecting the button constitutes acceptance of these Terms; (b) checking a box at checkout or in account creation indicating that you agree to these Terms; or (c) otherwise affirmatively indicating your agreement. We record the version of the Terms in effect, the date and time of acceptance, the order or session identifier, and the disclosures shown to you, as evidence of your agreement. If you do not agree, do not place an order or use the Service.

If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Eligibility

The Service is intended for adults. You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account, submit payment, or place an order. Minors may browse menus or use the Service only under the active supervision of a parent or legal guardian, but only an adult may transact. We do not knowingly accept orders or collect personal information from children under 13 in violation of COPPA.

3. Accounts and Security

Some features of the Service require you to create an account. You agree to (a) provide accurate, current, and complete information during registration and to keep it updated; (b) keep your password and any authentication credentials confidential and not share them; (c) notify us promptly of any unauthorized access to or use of your account; and (d) be solely responsible for all activity that occurs under your account. We may suspend or terminate any account that we reasonably believe is being used in violation of these Terms or in a manner that creates risk to us, the Service, or other users.

4. Consent to Electronic Communications (E-SIGN)

By using the Service, you consent under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.) and analogous state laws to receive in electronic form all communications, agreements, disclosures, notices, and records related to your use of the Service, including order confirmations, receipts, this Agreement, the Privacy Policy, updates to either, tax invoices, refund notices, and any other legally required disclosures. Your electronic acceptance of these Terms has the same legal effect as a handwritten signature.

To access and retain electronic communications, you must have: (a) a device with internet access; (b) a current web browser supporting TLS 1.2 or higher; (c) an active email address that we have on file; (d) the ability to read, save, and print HTML and PDF documents; and (e) for text-message communications, an SMS-enabled mobile device. You agree to keep your contact information current and to promptly update us if it changes.

You may withdraw consent to receive electronic communications by contacting us at [contact.gcpcard@gmail.com]. Withdrawing consent may prevent you from using the Service. You may request a paper copy of any electronic record by writing to us at the address in Section 19; we may charge a reasonable fee for paper copies as permitted by law.

5. SMS / Text Message Communications

If you provide your mobile phone number, you may receive (a) order-related text messages (such as order confirmations and pickup-ready alerts), which are sent as part of providing the Service, and (b) if you separately opt in, marketing text messages.

Marketing text messages require your separate prior express written consent as required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable Federal Communications Commission rules and carrier guidelines. Consent to marketing texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply.

You may opt out of marketing texts at any time by replying STOP to any marketing message. Reply HELP for help. You may continue to receive transactional or order-related communications as permitted by law. To revoke consent through any other reasonable method, contact us at [contact.gcpcard@gmail.com].

6. The Service; Pricing, Taxes, and Fees

The Service allows you to browse a menu, place orders for pickup, delivery, or dine-in, make payments, and receive order confirmations and status updates. Menu items, pricing, availability, hours, and delivery zones may change. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

All prices are stated in U.S. dollars unless otherwise noted. Mandatory service charges, automatic gratuities, packaging fees, delivery fees, credit-card surcharges, and other mandatory charges are disclosed clearly and conspicuously wherever menu item prices are displayed, and again before you confirm payment, except for taxes and government-imposed charges where separately permitted by law. You authorize us, or our payment processor on our behalf, to charge your selected payment method for the total amount of the order, including any taxes and fees disclosed at checkout.

When you submit an order, you are making an offer to purchase the listed items at the displayed prices. An order is not accepted until we confirm it through the Service or send you a confirmation. We may refuse or cancel any order, including for product unavailability, suspected fraud, pricing errors, or operational constraints; if we cancel after payment authorization, we will refund any amount actually charged.

6.1 Tips, Service Charges, and Auto-Gratuity

Tips you add at checkout are voluntary and are distributed to service staff in accordance with applicable law and our internal tip-distribution policy. By contrast, any “service charge,” “automatic gratuity,” “kitchen appreciation fee,” “hospitality fee,” “packaging fee,” “delivery fee,” “credit-card surcharge,” or other mandatory charge that appears on your order is part of the purchase price and is not a gratuity. Mandatory charges may be retained in whole or in part by the establishment and may be used to cover operating costs (including wages and benefits) at the establishment’s discretion, unless otherwise disclosed or required by law. You are free to leave an additional voluntary tip in addition to any mandatory charge. Applicable taxes are calculated as required by law.

7. Credit Card Surcharges

Where permitted by law and card‑network rules, this establishment may apply a surcharge when you pay with a credit card, to offset the establishment’s cost of card acceptance. Surcharges are never applied to debit cards, prepaid cards, or cash transactions. The surcharge amount is itemized and displayed before you confirm payment.

State-Specific Restrictions

The following state laws restrict or prohibit credit-card surcharges. Where the law of your state prohibits a surcharge, no surcharge is applied. Where the law caps the surcharge, the cap controls.

Card-network rules require advance registration of any surcharge program with Visa and Mastercard at least 30 days before applying a surcharge. The establishment certifies it has completed any required registration before applying a surcharge.

8. Promotions, Coupons, and Loyalty

Promotional codes, coupons, and loyalty rewards are subject to additional terms disclosed at the time of issuance. Unless otherwise stated, they are non-transferable, may not be combined with other offers, and may be canceled or modified at our discretion subject to applicable law. We may void rewards or offers obtained through fraud, error, or abuse. Where a loyalty or rewards program involves the collection of personal information in exchange for benefits, we provide a financial-incentive notice in our Privacy Policy.

8.1 Gift Cards

Gift cards, if offered, are governed by their own terms and by applicable federal and state law, including the federal Credit CARD Act of 2009 (15 U.S.C. § 1693l-1) and applicable state gift card statutes. Restrictions on expiration, dormancy and service fees, and cash redemption (including state laws requiring cash redemption of small remaining balances) apply as required by law. Gift cards may not be used to purchase other gift cards. Lost or stolen gift cards may not be replaced except where required by law.

9. Cancellations, Refunds, and Complaints

Once an order has been accepted and submitted to the kitchen, it generally cannot be canceled or modified. If you believe an order was incorrect or unsatisfactory, please contact us as soon as possible using the details in Section 19. Refunds, credits, or replacements are issued at our reasonable discretion in accordance with our policies and applicable law. Refunds, when issued, are returned to the original payment method and may take several business days to appear.

10. Pickup, Delivery, and Dine-In

• Pickup orders must be collected within the time window stated in your order confirmation. Orders not picked up may be discarded for food-safety reasons without refund.
• Delivery orders are subject to availability of our delivery service or third-party delivery partners and to the delivery zone, minimum-order, and timing rules disclosed at checkout. Estimated delivery times are estimates only, not guarantees. Where delivery is performed by a third-party delivery partner, your relationship with that partner is also subject to that partner’s terms; we are not responsible for the acts or omissions of independent third-party delivery providers once an order has been handed off, except as required by law.
• Dine-in orders placed through the Service are subject to in-restaurant policies, including seating availability and any minimum-spend or time-limit rules.

10.1 Alcoholic Beverages

If the Service offers alcoholic beverages, you must be at least 21 years old to purchase, receive, or consume alcohol. A government-issued photo ID is required at delivery or pickup, and the recipient must be sober and present in person to sign for the order. We (or the delivery partner) may refuse to release alcohol if the recipient is (a) under 21, (b) unable to produce valid ID, (c) visibly intoxicated, (d) not present in person, or (e) where delivery would violate applicable state or local law. Alcohol is not left unattended. Alcohol sales are subject to all applicable state and local alcoholic-beverage laws and the establishment’s liquor license.

11. Food Allergies, Allergens, and Nutrition

Where federal, state, or local menu-labeling laws apply (including the FDA chain-restaurant calorie-disclosure rule, 21 C.F.R. § 101.11, for covered establishments with 20 or more locations), required calorie and nutrition information is disclosed as required by law. Other nutrition, ingredient, and dietary labels (such as “vegan,” “gluten-free,” or “kosher”) are based on supplier and recipe information then available to us and may vary; recipes and suppliers can change without notice. You are responsible for any decision to consume any item.

12. User Conduct

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Submit false, misleading, or stolen payment information.
• Interfere with or disrupt the Service or the servers and networks that support it.
• Attempt to gain unauthorized access to any account, system, or data.
• Use any automated means (such as bots or scrapers) to access the Service except as expressly authorized by us.
• Reproduce, distribute, modify, or create derivative works of any portion of the Service without our prior written consent.

13. Intellectual Property; DMCA

The Service, including its content, design, software, trademarks, logos, menus, photographs, and other materials, is owned by us or our licensors and is protected by U.S. and international intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

DMCA Notice. If you believe content on the Service infringes your copyright, please send a written notice to [contact.gcpcard@gmail.com] including all elements required by 17 U.S.C. § 512(c)(3). We may remove material that we reasonably believe is infringing and may disable accounts of repeat infringers.

14. Third-Party Services and Digital Wallets

The Service may rely on, or link to, third-party services such as payment processors, mapping providers, delivery partners, and analytics tools. We are not responsible for the availability, content, accuracy, or practices of those third parties, and your use of their services is subject to their own terms and policies.

If you use a digital wallet (such as Apple Pay, Google Pay, Samsung Pay, PayPal, Venmo, Cash App, or a similar service) to pay through the Service, your use of that wallet is also subject to the wallet provider’s terms and privacy policy. We do not have access to the underlying payment account details stored in your wallet beyond the tokenized transaction reference returned by the wallet.

15. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, to the fullest extent permitted by law, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or free from harmful components, or that any defect will be corrected.

16. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we, our affiliates, or our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of, or inability to use, the Service, whether based in contract, tort, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid to us for the order giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Carve-outs. Nothing in this Section limits or excludes liability that cannot be limited or excluded under applicable law, including liability for (i) death or personal injury caused by negligence; (ii) foodborne illness, food contamination, or allergen misrepresentation; (iii) gross negligence, fraud, fraudulent misrepresentation, or willful misconduct; (iv) any statutory rights or remedies that may not be waived; or (v) amounts that must be refunded by law. Some jurisdictions do not allow limitations of liability for certain damages; in those jurisdictions, the limitations above apply only to the smallest extent permitted by law.

17. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully. It affects your legal rights.

17.1 Informal Resolution

Before filing arbitration, you agree to attempt to resolve any dispute, claim, or controversy (a “Dispute”) informally by sending a written notice (the “Notice”) to us at the address in Section 19. The Notice must (a) describe the nature and basis of the claim; and (b) set forth the specific relief sought. We will attempt in good faith to resolve the Dispute within 60 days after the Notice is received. If the Dispute is not resolved within that period, either party may commence arbitration as set forth below.

17.2 Binding Individual Arbitration

Any Dispute that is not resolved through informal resolution will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org), or, if AAA is unavailable, by JAMS under its Streamlined Arbitration Rules (available at jamsadr.com). The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be [COUNTY], [STATE], or another location mutually agreed by the parties; for claims under US $25,000, the arbitration may be conducted entirely by documentary submission or telephone at your election. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Arbitration Fees

We will pay all filing, administrative, and arbitrator fees in excess of any fee you would have paid to file the same claim in court (and, where the AAA Consumer Arbitration Rules so require, all filing fees for consumer claims). If the arbitrator determines that any claim or position is frivolous or asserted for an improper purpose, the AAA fee schedule controls any reallocation.

17.4 Class-Action and Representative-Action Waiver

You and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, mass, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may award relief only to the individual party seeking relief and only to the extent necessary to provide relief to that party.

If a court decides that the class-action waiver is unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, while all other claims continue to be subject to arbitration. The unenforceability of the class-action waiver as to one claim does not invalidate the arbitration agreement as to any other claim.

17.5 Carve-Outs

Notwithstanding anything above, the following matters are not subject to arbitration and may be brought in court:

• Sexual assault and sexual harassment claims. Pursuant to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401–402, you may, at your election, bring any claim alleging conduct constituting sexual assault or sexual harassment (as defined under federal law) in court, and any such claim is not subject to mandatory pre-dispute arbitration or class/collective waiver. This carve-out also applies to any joint, consolidated, class, collective, or representative action under those federal provisions.
• Public injunctive relief under California law. Consistent with McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), to the extent applicable law preserves a claim for public injunctive relief, that claim may be brought in court.
• Intellectual-property protection. Either party may seek injunctive or equitable relief in court to protect its intellectual-property rights.
• Small-claims court. Either party may bring an individual claim in small-claims court if it qualifies, in lieu of arbitration.
• Non-waivable claims. Any claim that applicable law prohibits from being arbitrated.

17.6 Opt-Out of Arbitration

You may opt out of this arbitration agreement (Sections 17.2 through 17.5) by sending written notice to us at the address in Section 19 within 30 days of first accepting these Terms. The notice must include your name, address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.

17.7 Severability of This Section

If any provision of this Section 17 (other than the class-action waiver, which is governed by Section 17.4) is found to be unenforceable, that provision will be severed and the remainder of this Section will continue to apply.

18. Governing Law and Venue

These Terms are governed by the laws of the State, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 17. Subject to Section 17, any dispute that is not subject to arbitration will be brought exclusively in the state, and you consent to the personal jurisdiction of those courts.

19. Contact Information

For questions, concerns, or notices under these Terms (including arbitration notice or arbitration opt-out):

California Residents. Under California Civil Code § 1789.3, California users are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Accessibility

We are committed to making the Service accessible to people with disabilities. We work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. This statement does not by itself confirm compliance with any specific legal standard. If you experience any difficulty accessing the Service or any item on our menu, please contact us at contact.gcpcard@gmail.com. We will work with you in good faith to provide the information, item, or transaction you seek through a communication method that is accessible to you, consistent with applicable law. We welcome feedback on the accessibility of the Service.

21. Miscellaneous

• Entire Agreement. These Terms, together with our Privacy Policy, the Consumer Health Data Privacy Notice where applicable, and any order-specific disclosures, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• No Third-Party Beneficiaries. These Terms do not create any rights in any person who is not a party to them, except as expressly provided.
• Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, public-health emergencies, pandemics, government orders, labor disruptions, supply-chain disruptions, utility failures, or third-party service outages (including payment processor or delivery-partner outages).
• Survival. Sections 4 (E-SIGN), 7 (Surcharges), 13 (IP & DMCA), 15 (Disclaimer), 16 (Limitation), 17 (Dispute Resolution), 18 (Governing Law), 19 (Contact), and 20 (Accessibility) survive termination of these Terms.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Changes. We may modify these Terms from time to time. Material changes will be communicated by updating the “Effective Date” where appropriate, by additional notice. Your continued use of the Service after the effective date of an updated version constitutes acceptance.
• Notices to You. We may provide notices to you by email, by SMS where you have consented, or through the Service. You may provide notices to us at the address in Section 19.