KwikFastHurry.com
Effective Date: [INSERT DATE] Last Updated: [INSERT DATE]
DRAFT — REQUIRES ATTORNEY REVIEW BEFORE PUBLICATION. All bracketed items must be completed or removed. Sections marked ⚠️ carry elevated legal risk and should not be published without counsel.
These Terms and Conditions ("Terms") form a binding agreement between you and [FULL LEGAL ENTITY NAME, e.g. KwikFastHurry LLC], a [Texas limited liability company] ("KwikFastHurry," "we," "us," or "our"), governing your access to and use of KwikFastHurry.com, our mobile applications, and all related services (collectively, the "Platform").
By creating an account, placing an order, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
⚠️ Section 20 contains a binding arbitration provision and a class action waiver that affect your legal rights. Please read it carefully.
KwikFastHurry operates a technology platform that connects Customers with Restaurant Partners and coordinates delivery of Orders. We also provide marketing and order-management services to Restaurant Partners.
KwikFastHurry does not prepare, cook, handle, package, or sell food. Food is prepared and sold by the Restaurant Partner. The Restaurant Partner is solely responsible for the preparation, quality, safety, temperature, ingredients, allergen disclosure, packaging, labeling, and legal compliance of all items it offers.
Delivery Partners are independent contractors, not employees of KwikFastHurry, and are not employees or agents of Restaurant Partners.
You must be at least 18 years old and capable of forming a binding contract to use the Platform. [If you sell alcohol, add: purchasers of alcohol must be at least 21.]
You agree to:
We may suspend or terminate any account at our discretion, including for suspected fraud, abuse, chargeback activity, or violation of these Terms.
Menu items, prices, and availability are set by the Restaurant Partner and may change without notice. Item descriptions and photographs are provided by the Restaurant Partner and may not exactly reflect what you receive.
Submitting an Order is an offer to purchase. The Order is accepted only when the Restaurant Partner confirms it through the Platform. If a Restaurant Partner is unable to fulfill an Order, or an item is unavailable, we will notify you and issue a refund for the affected items.
Order accuracy. You are responsible for reviewing your Order — including items, quantities, modifications, delivery address, and contact number — before submitting it. Once an Order is confirmed by the Restaurant Partner, it may not be modifiable.
Charges may include:
All fees are disclosed at checkout before you authorize payment. Fees are subject to change at any time for future Orders.
Payment is processed through our third-party payment processor, [PROCESSOR NAME]. By providing payment information, you represent that you are authorized to use that payment method and authorize us to charge it for the full Order total, including fees, taxes, and any tip.
We may place a temporary authorization hold on your payment method when you submit an Order. The final charge may differ if items are unavailable, substituted, or if you modify the Order.
We do not store full payment card numbers on our systems.
Tips are voluntary. Any tip you add is intended for the Delivery Partner and is passed through to that Delivery Partner in full, less any payment processing costs disclosed at the time.
You may adjust a tip within [TIME PERIOD, e.g. 24 hours] of delivery through the Platform, subject to our tip adjustment policy. Repeated tip reductions after delivery may result in account restrictions.
Customer cancellation. You may cancel an Order without charge before the Restaurant Partner confirms it. Once preparation has begun, cancellation may result in a partial or full charge, since the Restaurant Partner has incurred costs.
Our cancellation. We may cancel an Order at any time, including if the Restaurant Partner is unable to fulfill it, no Delivery Partner is available, the delivery address falls outside the Service Area, we cannot reach you at delivery, or we suspect fraud. You will not be charged for Orders we cancel before fulfillment.
Refunds. If your Order is materially incorrect, missing items, or arrives in unacceptable condition, contact us at [SUPPORT EMAIL / IN-APP SUPPORT] within [TIME PERIOD, e.g. 48 hours]. Refunds and credits are issued at our discretion and may take [NUMBER] business days to appear on your payment method. We reserve the right to decline refund requests we determine to be abusive or fraudulent.
Estimated times are estimates only. Delivery times depend on restaurant preparation, traffic, weather, and Delivery Partner availability. We do not guarantee delivery by any particular time, and late delivery alone does not entitle you to a refund unless we state otherwise.
You are responsible for providing a complete, accurate delivery address and accessible delivery instructions, including gate codes, apartment or suite numbers, and building access details.
Unattended and contactless delivery. If you request that an Order be left unattended, or are unreachable at delivery, risk of loss transfers to you once the Order is left at the specified location. We are not responsible for Orders that are stolen, damaged, or spoiled after that point.
Failed delivery. If a Delivery Partner cannot reach you after reasonable attempts over [NUMBER] minutes, the Order may be forfeited and you may be charged in full.
Ingredient, nutrition, and allergen information displayed on the Platform is supplied by Restaurant Partners. KwikFastHurry does not verify this information and makes no representation as to its accuracy or completeness.
If you have a food allergy, intolerance, or dietary restriction, contact the Restaurant Partner directly before ordering. Cross-contamination can occur in any commercial kitchen. Do not rely solely on the Platform for allergen information.
Report suspected foodborne illness to the Restaurant Partner, to us at [SUPPORT EMAIL], and to the [Tarrant County Public Health Department / applicable local health authority].
[INCLUDE THIS SECTION ONLY IF YOU DELIVER ALCOHOL. Alcohol delivery in Texas is regulated by the Texas Alcoholic Beverage Commission and requires specific permits, ID verification at handoff, refusal for intoxicated recipients, and restrictions on delivery hours and locations. This section must be drafted with counsel familiar with TABC requirements. Otherwise, state affirmatively: "KwikFastHurry does not currently offer alcohol delivery."]
Restaurant Partners contract with KwikFastHurry under a separate [Restaurant Partner Agreement], which governs commission rates, marketing services, order management, menu content, payout schedules, and termination. Where that agreement conflicts with these Terms, the Restaurant Partner Agreement controls as to that Restaurant Partner.
Each Restaurant Partner is solely responsible for maintaining all required licenses, permits, and health department certifications, and for complying with all applicable food safety and labor laws.
Delivery Partners contract with KwikFastHurry under a separate [Delivery Partner Agreement]. Delivery Partners are independent contractors who control their own schedules, routes, equipment, and vehicles. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between KwikFastHurry and any Delivery Partner.
Delivery Partners must maintain a valid driver's license and the insurance required by Texas law for any vehicle used.
You agree not to:
Violation may result in immediate account termination and forfeiture of credits.
Promotional offers are subject to their own stated terms, are non-transferable, hold no cash value, and may be modified or revoked at any time. Promotional codes may not be combined unless expressly stated. We may void promotions obtained through fraud or abuse and reverse any resulting credits.
You may submit reviews, ratings, photographs, and other content ("User Content"). You retain ownership of your User Content, but grant KwikFastHurry a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, display, and distribute it in connection with operating and promoting the Platform.
You represent that you own or have the rights to your User Content and that it does not infringe any third party's rights.
We may remove User Content that is defamatory, obscene, harassing, fraudulent, or otherwise objectionable, but we have no obligation to monitor User Content.
The Platform, including its name, logo, design, text, graphics, and software, is owned by KwikFastHurry or its licensors and is protected by trademark, copyright, and other intellectual property laws. You may not use our marks without prior written permission.
Restaurant Partner names, logos, and menu content remain the property of the respective Restaurant Partners.
Disclaimer of warranties. The Platform is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including 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 Order will be delivered within any estimated time.
Limitation of liability. To the fullest extent permitted by Texas law, KwikFastHurry and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising from your use of the Platform.
Our total aggregate liability for any claim arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the total amount you paid to KwikFastHurry in the [SIX (6)] months preceding the event giving rise to the claim, or (b) [$100].
Some jurisdictions do not allow certain limitations. Where prohibited, these limitations apply to the maximum extent permitted. Nothing in these Terms limits liability for gross negligence, willful misconduct, or personal injury caused by our own conduct where such limitation is prohibited by law.
This section must be drafted and reviewed by counsel. Arbitration and class waiver provisions are heavily litigated, and enforceability depends on specific formatting, notice, opt-out mechanics, and cost-allocation terms. The outline below is a starting point only.
Informal resolution first. Before initiating formal proceedings, contact us at [LEGAL EMAIL] with a description of the dispute. The parties will attempt to resolve the matter informally for [30/60] days.
Binding arbitration. [Any unresolved dispute will be resolved by binding individual arbitration administered by [AAA/JAMS] under its [Consumer Arbitration Rules], seated in Tarrant County, Texas.]
Class action waiver. [Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.]
Opt-out. [You may opt out of arbitration by sending written notice to [ADDRESS] within 30 days of first accepting these Terms.]
Small claims exception. [Either party may bring an individual claim in small claims court in Tarrant County, Texas.]
You agree to indemnify and hold harmless KwikFastHurry and its officers, members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your User Content, your violation of these Terms, or your violation of any law or third-party right.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to Section 20, the exclusive venue for any dispute is the state or federal courts located in Tarrant County, Texas, and you consent to personal jurisdiction there.
By providing your phone number, you consent to receive transactional messages about your Orders, including confirmations, status updates, and Delivery Partner communications. Message and data rates may apply.
[If you send marketing texts, you need separate express written consent under the TCPA — do not bundle it with transactional consent. This requires counsel review.]
You may opt out of marketing communications at any time by [METHOD]. You cannot opt out of transactional messages while maintaining an active account.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
You may close your account at any time by contacting [SUPPORT EMAIL]. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms.
Sections 15, 17, 18, 19, 20, 21, and 22 survive termination.
We may modify these Terms at any time. Material changes will be posted on this page with an updated "Last Updated" date, and where required by law, we will provide notice by email or in-app notification. Continued use of the Platform after changes take effect constitutes acceptance.
[FULL LEGAL ENTITY NAME] [STREET ADDRESS] [CITY], Texas [ZIP]
Email: [SUPPORT EMAIL] Legal notices: [LEGAL EMAIL] Phone: [PHONE NUMBER]
