Effective Date: March 2026
These Terms of Service ("Terms") govern your access to and use of the Pick and Chop platform, website, mobile interfaces, applications, messaging channels, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be legally bound by these Terms.
1. Platform Role and Marketplace Nature
Pick and Chop, LLC (“Pick and Chop”) operates a technology marketplace that connects customers with independent restaurants, grocery vendors, and independent delivery providers.
Pick and Chop:
- Does not prepare food.
- Does not manufacture grocery products.
- Does not own restaurants.
- Does not employ delivery drivers.
- Does not control food preparation methods.
- Does not guarantee product quality, safety, or availability.
All restaurants, vendors, and drivers operate as independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between Pick and Chop and any vendor or driver.
2. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.
3. Account Registration and Security
You agree to provide accurate, current, and complete information and to maintain the security of your account credentials.
You are responsible for all activity under your account.
Pick and Chop may suspend or terminate accounts at its sole discretion.
4. Orders, Pricing, and Payment
Prices are determined by vendors and may differ from in-store pricing.
Service fees, delivery fees, small order fees, surge pricing, taxes, and other charges may apply.
We reserve the right to correct pricing errors, cancel orders, or refuse service due to technical issues or suspected fraud.
Payment processing is handled by third-party providers. Pick and Chop does not store full payment card details.
5. Substitutions and Product Availability
Vendors may substitute comparable items if products are unavailable unless you decline substitutions.
Product availability is not guaranteed.
6. Delivery; Risk of Loss; Proof of Delivery
Delivery times are estimates only.
Proof-of-delivery may include GPS data, timestamps, driver confirmation, or photographic evidence.
Risk of loss transfers to the customer upon confirmed delivery.
Pick and Chop is not responsible for theft or damage occurring after confirmed delivery.
7. Refunds, Credits, and Chargebacks
Refunds are granted at Pick and Chop’s sole discretion.
Proof-of-delivery may be used to deny fraudulent claims.
Abusive refund behavior or chargeback fraud may result in permanent account termination and legal action.
8. Messaging and Communications
By providing your mobile number and consenting at checkout, you agree to receive transactional communications related to your active order via SMS, MMS, or WhatsApp.
Message frequency varies based on order activity.
SMS/MMS: Message and data rates may apply. Reply STOP to opt out or HELP for assistance.
WhatsApp: Reply STOP within the chat or block the number to discontinue messages.
No promotional messaging is sent under the transactional messaging program unless separately authorized.
9. Prohibited Conduct
- Fraudulent refund claims
- False delivery reports
- Harassment of vendors or drivers
- Abuse of promotions
- Reverse engineering the platform
- Automated scraping or bots
10. Intellectual Property
All content, logos, trademarks, and platform software are owned by Pick and Chop or its licensors. You may not reproduce or distribute platform content without written permission.
11. User-Generated Content
You grant Pick and Chop a perpetual, royalty-free license to use reviews, feedback, and uploaded content.
12. Third-Party Services
The Services may integrate with third-party providers (payment processors, SMS gateways, mapping services, analytics providers). Pick and Chop is not responsible for third-party service disruptions.
13. Disclaimer of Warranties
The Services are provided “as is” and “as available.” Pick and Chop disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
14. Limitation of Liability
To the fullest extent permitted by law, Pick and Chop shall not be liable for indirect, incidental, consequential, punitive, or special damages.
Total liability shall not exceed the amount paid for the order giving rise to the claim.
15. Indemnification
You agree to indemnify and hold harmless Pick and Chop from claims arising out of misuse of the Services.
16. Arbitration and Class Action Waiver
All disputes shall be resolved through binding arbitration on an individual basis.
You waive any right to participate in class action lawsuits or class-wide arbitration.
17. Force Majeure
Pick and Chop shall not be liable for delays caused by events beyond its control including weather, natural disasters, labor disruptions, or governmental actions.
18. Governing Law
These Terms are governed by applicable state and federal law.
19. Modifications
We may update these Terms at any time. Continued use constitutes acceptance.
20. Contact
Pick and Chop, LLC
Email: [email protected]
Website: https://pickandchop.com