Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the mobile application, website, and QR-based ordering system operated by ForknFind (collectively, the "Services"). By accessing the Services, scanning a QR code, entering your personal details, or continuing with an order, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By continuing to use the Services after scanning a QR code or entering your name and email address, you agree to these Terms and our Privacy Policy. Your use of the Services following any update or modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Services and refrain from placing any orders through the platform.

2. Scope of Services

The Services are designed to provide a seamless digital ordering experience for restaurant customers. Through the platform, customers can scan a QR code placed at the restaurant to access the digital menu, browse available items, and place to-go (takeaway) orders without the need to create a registered account. To facilitate order processing and communication, customers are required to provide their name and email address at the time of ordering. The platform supports various payment methods and provides order status updates to keep customers informed about the progress of their orders. Please note that the specific features and functionalities available through the Services may vary depending on the restaurant location, time of day, and operational availability. ForknFind reserves the right to modify, expand, or discontinue any feature of the Services at any time without prior notice.

3. User Information, Data Use, and Consent

When you place an order through our Services, you will be asked to provide certain personal information, including your name and email address. This section explains in detail how your information is collected, used, stored, and protected.

What Information We Collect

Each time you place an order, the platform collects your name, email address, order details (items selected, quantities, and special instructions), payment transaction information (though full payment card details are processed and stored exclusively by our third-party payment providers and are never stored on our servers), the date, time, and location of your order, and any communication you send to us related to your order.

How We Use Your Information

The personal information you provide is used for the following specific purposes: to process and fulfill your order accurately, to send you an order confirmation and digital receipt via email, to communicate with you regarding the status of your order including preparation updates and pickup readiness notifications, to address any issues, disputes, or inquiries related to your order, and to comply with applicable legal and regulatory obligations. Your information may also be used in an aggregated and anonymized form (where you cannot be personally identified) to analyze ordering trends, improve our menu offerings, enhance the user experience, and generate internal business reports. This aggregated data does not identify you individually and is used solely for operational improvement.

How We Store and Protect Your Information

Your personal data is stored on secure servers with industry-standard encryption and access controls. We retain your order-related information for a period reasonably necessary to fulfill the purposes described above, typically no longer than 12 months from the date of your last order, unless a longer retention period is required by law. After the retention period expires, your personal data will be securely deleted or anonymized. We implement appropriate technical and organizational measures to protect your information against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security of your data.

Sharing Your Information

We do not sell, rent, or trade your personal information to third parties for marketing purposes. Your information may be shared with third-party payment processors solely for the purpose of completing your payment transaction, with restaurant staff at the location where you placed your order to facilitate order preparation and pickup, with service providers who assist us in operating the platform (such as hosting and email delivery services) under strict confidentiality agreements, and with law enforcement or regulatory authorities if required by applicable law, court order, or governmental regulation. Each third-party service provider who receives your data is contractually obligated to use it only for the specific purpose for which it was shared and to maintain appropriate security measures.

Your Rights Regarding Your Data

You have the right to request access to the personal information we hold about you, to request correction of any inaccurate or incomplete personal information, to request deletion of your personal data (subject to any legal obligations that may require us to retain certain records), to withdraw your consent to the processing of your data at any time (though this may affect your ability to use the Services), and to request information about how your data has been used or shared. To exercise any of these rights, please contact us at support@forknfind.com with the subject line "Data Request." We will respond to your request within 30 days and may ask you to verify your identity before processing the request.

Cookies and Tracking

When you access the Services through our website, we may use cookies and similar tracking technologies to improve your browsing experience and to remember your preferences. These cookies do not collect personally identifiable information unless you voluntarily provide it. You can manage your cookie preferences through your browser settings, though disabling cookies may affect certain functionalities of the Services.

Consent

By entering your name and email address and proceeding with your order, you expressly consent to the collection, use, storage, and sharing of your personal information as described in this section. If you do not consent to these practices, please do not proceed with placing an order through the Services.

For complete details on our data handling practices, please refer to our full Privacy Policy, which is available on our website and is incorporated into these Terms by reference.

4. Orders and Confirmation

All orders placed through the QR-based ordering system are considered final once the customer has reviewed the order summary and confirmed submission. It is the customer's responsibility to carefully review all order details, including item selections, quantities, special instructions, and pricing, before confirming the order. The restaurant shall not be held responsible for errors, omissions, or dissatisfaction resulting from incorrect or incomplete information provided by the customer at the time of ordering. Once an order is confirmed, modifications or cancellations may not be possible depending on the preparation status of the order. Customers who wish to request a change to a confirmed order should contact the restaurant staff directly and promptly, though the restaurant is under no obligation to accommodate such requests.

5. Payments

All prices displayed on the platform are listed in United States Dollars (USD) and include applicable taxes unless explicitly stated otherwise. The accepted payment methods may include cash, credit or debit card, and online payment gateways, though availability of specific payment methods may vary by restaurant location. Payment is required at the time of order submission for online payment methods, or at the time of pickup for cash payments where accepted. Refunds, if applicable, are handled at the sole discretion of the restaurant and are subject to the individual restaurant's refund policy. Refund requests must be raised directly with the restaurant staff or by contacting our support team. Processing times for refunds to credit or debit cards may vary depending on the payment provider and your financial institution. ForknFind is not responsible for any fees, charges, or currency conversion costs imposed by your bank or payment provider in connection with your transaction. In the event of a payment processing error, we will make reasonable efforts to resolve the issue, but we are not liable for delays or failures caused by third-party payment systems.

6. To-Go (Takeaway) Orders

To-go orders are prepared based on the items selected and confirmed by the customer through the platform. Estimated preparation times provided at the time of order confirmation are approximate and may vary depending on order volume, kitchen capacity, and other operational factors. The restaurant is not liable for delays in preparation that are beyond its reasonable control. Customers are responsible for collecting their orders at the designated pickup point within a reasonable time after receiving a notification that the order is ready. The restaurant shall not be held liable for any deterioration in food quality, temperature, or freshness resulting from a customer's failure to collect the order in a timely manner. Uncollected orders may be disposed of after a reasonable waiting period at the restaurant's discretion, and no refund will be issued for orders that are not picked up.

7. QR Code Usage

QR codes are provided by the restaurant as a convenient means to access the digital menu and ordering system. Customers must ensure they are scanning the correct and legitimate QR code provided by the restaurant at their table or designated area. ForknFind and the restaurant are not responsible for any consequences arising from the scanning of unauthorized, tampered, or counterfeit QR codes. Any misuse of QR codes, including but not limited to system manipulation, unauthorized reproduction, or any attempt to exploit the ordering system, may result in immediate order cancellation, denial of service, and where appropriate, legal action.

8. Allergies and Dietary Information

While we make reasonable efforts to provide accurate ingredient and nutritional information for menu items displayed on the platform, we cannot guarantee that this information is complete, current, or free from error at all times. Due to the nature of food preparation in a shared kitchen environment, we cannot guarantee an allergen-free environment, and there is always a risk of cross-contamination with common allergens. Customers with food allergies, intolerances, or specific dietary restrictions are strongly advised to contact the restaurant staff directly before placing an order to discuss their specific needs and to confirm ingredient information. The restaurant and ForknFind shall not be held liable for any allergic reactions, adverse health effects, or other consequences arising from the consumption of food ordered through the Services, except where caused by the restaurant's proven negligence.

9. Availability and Accuracy

Menu items, descriptions, prices, and promotional offers displayed on the platform are subject to change at any time without prior notice. Item availability is not guaranteed and may be affected by supply, demand, time of day, or other operational factors. In the event that an item you have ordered is unavailable, the restaurant will make reasonable efforts to notify you and may offer a substitute or a refund for the affected item. All images of food items displayed on the platform are for illustrative purposes only and may not exactly represent the actual appearance, size, or presentation of the dish served. Minor variations between displayed images and the actual product do not constitute grounds for a refund or complaint.

10. Intellectual Property

All content within the Services, including but not limited to text, graphics, images, logos, icons, photographs, software, source code, and the overall design and layout of the platform, is the exclusive property of ForknFind or its respective licensors and is protected by applicable intellectual property laws. No part of the Services may be reproduced, distributed, modified, transmitted, displayed, or otherwise used without the prior written permission of ForknFind. Unauthorized use of any content from the Services may result in legal action.

11. Limitation of Liability

To the fullest extent permitted by applicable law, ForknFind and the restaurant shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, including but not limited to loss of data, loss of revenue, or loss of opportunity, even if we have been advised of the possibility of such damages. We are not responsible for any technical issues, system outages, server failures, network disruptions, or payment gateway failures that may affect your ability to access or use the Services or complete a transaction. In no event shall our total liability to you for all claims arising out of or related to the Services exceed the total amount you paid for the specific order giving rise to the claim. Any concerns related to food quality, preparation, safety, or hygiene should be raised promptly and directly with the restaurant staff at the time of pickup, or by contacting our support team as soon as possible thereafter.

12. Third-Party Services

The Services may integrate or interact with third-party services, including but not limited to payment processors, email delivery providers, and analytics tools. These third-party services operate under their own terms of service and privacy policies, which are independent of these Terms. ForknFind is not responsible for the availability, accuracy, reliability, or security practices of any third-party service. Your use of any third-party service accessed through or in connection with the Services is at your own risk, and you are encouraged to review the applicable terms and privacy policies of any third-party provider before engaging with their services. In the event that a third-party service experiences a disruption or failure, ForknFind shall not be held liable for any resulting inconvenience, delay, or loss.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or the Services shall first be attempted to be resolved through good faith negotiation between the parties. If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms, our data practices, or any aspect of the Services, please contact us using the information below.

We aim to respond to all inquiries within two business days.