Legal

Curation Catering - Terms of Use

WELCOME TO CURATION CATERING! 

CUSTOMIZED CATERING WITHOUT THE HASSLE

These terms (“Terms”) are a contract governing your use of our various products and services (collectively, our “Services”), and are between you (whether an individual or organization) and Curation Catering, LLC.  By using any of the Services (including this website or any mobile applications, or by creating a user account), you are agreeing to these Terms as updated from time to time, so please read them carefully. If you don’t agree to them, you may not use our Services. You must be of legal age to enter into binding contracts and have authority to agree to these Terms on behalf of your organization. Our Services are not intended for use by anyone under the age of 18.


IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 11, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.


  1. WHO WE ARE


With Creation Catering, you can cater your next event, or every event, with food from multiple different restaurants and receive it all simultaneously, hassle free. There is no need for time-consuming research, ordering, payment or coordination - we take care of all of that on our side. Our Services are comprised of our catering services (including delivery and setup, if selected), our websites, mobile applications, and all other information, technology and services provided or otherwise made available to you in our discretion.


You understand and agree that we provide a technology platform connecting you with independent food service providers and others that provide the products offered through the Services (“Restaurants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that we do not prepare food or offer delivery services, and we have no responsibility or liability for the acts or omissions of any Merchant or any Contractor. We are not in the delivery business or a common carrier, and we are not the retailer of any products offered by the Restaurants.


You agree that we only provide a technology platform to facilitate your transmission of order requests to Restaurants. We have no responsibility or liability for acts or omissions by any Merchant or Contractor.  We will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that we are not responsible or liable for the Restaurants’ food preparation or the safety of the food, and we do not verify Restaurants’ compliance with applicable laws or regulations.


You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that we do not hold title to or acquire any ownership interest in any goods that you order through the Services.


  1. YOUR ACCOUNT  

You can browse our website without a user account, but you need to set one up to place orders and get the most out of our Services, such as to customize your user experience with previous order history and other preferences. For your account, we’ll need various information including your name, email address, phone number, date of birth and corresponding password, and to enable purchases, a valid and approved credit or debit card with expiration date and billing address that you will use when you make purchases. You are responsible for keeping your account information up-to-date and accurate, and for all activity that occurs on your account. Failure to maintain up-to-date account information may result in your ability to some or all of the Services.


  1. YOUR ORDERS

  1. Ordering and Payment.  Ordering is easy. Just select your meals and follow the prompts, which will ask for the delivery address, date and time of delivery, and whether your order requires set-up and breakdown in addition to delivery along with other relevant details. All pricing is set forth on our website, which includes the cost of the items you order plus fees for delivery, set-up and/or breakdown (as applicable) as well as any additional charges depending on the size of the order. The total cost will be made available to before you confirm your purchase. Once confirmed, we will charge the payment card you have included in your user account when you checkout. Such payment will also include all applicable taxes where required by law. A receipt will be sent to the email we have on file for you in your account.

  2. Refunds, Cancelations and Modifications. All purchases are non-refundable unless we otherwise determine in our sole discretion. If you cancel or postpone an order, you may incur a penalty, as set forth in detail on our website. Please review our policies carefully to understand how to cancel or modify an order without incurring an additional charge. 

  1. WARRANTY DISCLAIMERS 

WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED. SUBJECT TO THOSE RULES (WHERE APPLICABLE), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.


  1. LIMITATION OF LIABILITY

WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, LOST REVENUES, LOSS OR CORRUPTION OF DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR IN RELATION TO THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED (WHERE APPLICABLE), IS LIMITED TO THE GREATER OF US$100 AND THE AMOUNT YOU’VE PAID TO US IN THE PAST 3 MONTHS. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES OR LIABILITY BEYOND THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR CERTAIN BEHAVIORS (SUCH AS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU IN ANY GIVEN SITUATION. THE PROVISIONS IN THIS SECTION 5 APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.


  1. INDEMNITY

You agree to indemnify and hold us harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys' fees and court costs) arising out of or in connection with your use of the Services or your breach or violation of these Terms. We reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without our prior written consent. The obligations in this paragraph will survive any termination of these Terms, your user account or your access to our Services generally.


  1. INTELLECTUAL PROPERTY 
  1. License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services and any content, information and related materials that may be made available through them. The foregoing license is for your noncommercial use only. Using the Services does not give you ownership of any intellectual property rights in them or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong exclusively to us, our affiliates or our licensors.
     
  2. Restrictions.  You may not use content from the Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in the Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. You may not obscure or alter any legal notices displayed in, along with or in connection with the Services. You may not do anything that places an unreasonably large load on the Services’ infrastructure, and may not spam or flood our systems or use robots, spiders, scrapers or other automated means to access the Services. You may also not attempt to interfere with the proper working of the Services or attempt to bypass any of our security measures to access them.

  1. THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third-party services and content and we are not responsible or liable for any of their products or services. It is your responsibility to review any terms and conditions associated with such third-party services. 

  1. ACCESSING OUR SERVICES

Using our Services (whether from a computer or mobile device) will require various levels of data network access. You’ll need to obtain it on your own, subject to your mobile network's data and messaging rates and fees. You may need to acquire and update compatible hardware or devices to use and update the Services. We can’t guarantee that the Services, or any portion thereof, will function on any particular hardware or device. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications in general.

  1.       GENERAL

    These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You may not assign them (or any of your rights or obligations hereunder), in whole or in part, without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger, reorganization, or other corporate transaction. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible (if any) and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services, and we will have no liability for those circumstances. In these Terms, “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive. We may amend these Terms from time to time, and the revised version will be effective when posted on our website or otherwise made available to you. The revised Terms supersede any previous versions. While we will use reasonable efforts to provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to the updated Terms. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion. If we believe there has been a violation of these Terms, we have the right to investigate and notify law enforcement if we deem necessary. As part of any investigation, we cooperate with law enforcement and will take legal whatever action we deem appropriate under the circumstances.
  2. MUTUAL ARBITRATION PROVISION
    1. BY AGREEING TO THE AGREEMENT, WE ARE EACH REQUIRED TO RESOLVE ANY CLAIM THAT WE MAY HAVE AGAINST ONE ANOTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION 11 (THIS “ARBITRATION AGREEMENT”). THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST US, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST US BY SOMEONE ELSE.
    2. Agreement to Binding Arbitration Between the Parties. We both agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof will be settled by binding arbitration before a single arbitrator between you and us, and not in a court of law. However, each of us retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction (as provided in Section 10 above) to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
    3. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement, and the substantive law of the State of California. We both agree that the single arbitrator chosen in accordance with the AAA Rules (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is illegal, invalid, void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitration and our respective agreement therefor shall be deemed to be self-executing, and if either of us fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party despite said failure to appear. All issues relating to arbitrability or the enforcement of the agreement to arbitrate contained in this Section 11 will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), notwithstanding any provision of these Terms specifying the state law under which these Terms will be governed and construed.
    4. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an Arbitrator within sixty (60) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
    5. Location and Procedure. Unless we both otherwise agree, the arbitration will be conducted in the city of Los Angeles, CA. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by both of us, consistent with the expedited nature of the arbitration. We shall each be bound by the provisions of any limitation on the period of time by which claims must be brought. We both agree that, in connection with any such arbitration proceeding, we each will submit or file any claim which would constitute a compulsory counter-claim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceedings as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding will be barred. In no event may the provisions of these Terms, or any ancillary agreement executed in connection with these Terms, including amendments to these Terms, be waived, modified, changed, or otherwise equitably excused by the arbitrators at any arbitration hearing. Neither of us grant the arbitrators the powers of an amiable compositeur and the arbitrators do not have the power to decide ex aequo et bono. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
    6. Arbitrator’s Decision. The award and decision of the arbitrator will be conclusive and binding upon all parties and judgment upon the award may be entered in any court of competent jurisdiction. The Arbitrator will have the right to award or include in their award any relief which he or she deems proper in the circumstances, only to the extent permitted by these Terms and applicable law, provided that the arbitrator will not have the authority to award exemplary or punitive damages. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The Arbitrator's decision and judgement must be in compliance and consistent with all applicable laws. The Arbitrator shall award the prevailing party its reasonable attorneys’ fees and expenses. In no event may the material provisions of the Agreement be modified by the Arbitrator. The award of the arbitrators shall be the exclusive remedy between us regarding any claims, counterclaims, issues, or accountings presented or pled to the arbitrators. Judgment upon the award of the arbitration shall be entered by, and we each may have the judgment domesticated by, any court of competent jurisdiction.
    7. Fees. Each of us shall pay our respective AAA filing, administrative and arbitrator fees as set forth in the AAA Rules. 
    8. Waiver. We each hereby agree that arbitration will be conducted on an individual, not a class‑wide, basis and that any arbitration proceeding between us will not be consolidated with any other arbitration proceeding involving us or any other person or entity. All arbitration proceedings and claims shall be filed and prosecuted separately and individually in the name of each of us, respectively, and not in any representative capacity. You acknowledge and agree that we are each waiving to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both of us otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
    9. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms, (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or our respective ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement, and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and we each agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
  1. Contacting Us

If you have any questions about these Terms or our Services in general, please contact us at orders@curationcatering.com.