Platform Terms of Service

These Platform Terms of Service (the "Terms") form a binding agreement between you and KwikFastHurry, Inc. ("KwikFastHurry", "we", "us"). They govern your access to and use of the KwikFastHurry websites, the Customer app, the Vendor app, the Rider app, our APIs and every related service (together, the "Platform").

Please read Section 16 carefully. It contains a binding arbitration agreement and a class action waiver that affect how disputes between us are resolved.

By creating an account, placing an order, listing a store or accepting a delivery, you agree to these Terms. If you do not agree, do not use the Platform.

#1. What KwikFastHurry does

KwikFastHurry operates a technology platform that connects three groups of people:

• Customers, who browse stores and place orders;
• Vendors, who are independent restaurants, shops and merchants that list, prepare and sell goods;
• Riders (delivery partners), who are independent contractors that accept and complete deliveries.

We provide the marketplace, the software, payment processing and support. We are not a restaurant, a retailer, a carrier or an employer of Riders. Vendors are solely responsible for the goods they sell, including their quality, safety, description, preparation and legal compliance. Riders are solely responsible for the manner in which they perform deliveries.

Where KwikFastHurry arranges delivery, it does so as the agent of the Customer for the limited purpose of procuring delivery services from an independent Rider.

#2. Eligibility and accounts

To use the Platform you must:

• be at least 18 years old, or the age of majority in your jurisdiction if higher;
• have the legal capacity to enter into a binding contract;
• not be barred from using the Platform under applicable law, and not appear on any government sanctions or denied-party list;
• not have been previously removed from the Platform for a violation of these Terms.

You must provide accurate, current and complete information when you register and keep it up to date. You are responsible for everything that happens under your account and for keeping your credentials confidential. Tell us immediately at support@kwikfasthurry.com if you suspect unauthorised access.

Accounts are personal to you. You may not sell, rent, share or transfer an account, and you may not create an account on behalf of someone else without their written authority.

#3. Additional terms for each app

These Terms apply to everyone. Depending on how you use the Platform, additional terms also apply and are incorporated here by reference:

If a role-specific agreement conflicts with these Terms, the role-specific agreement controls for that role, but only to the extent of the conflict.

#4. Orders, pricing and payment

#4.1 How an order works

When you place an order you make an offer to purchase goods from a Vendor. The order is accepted when the Vendor confirms it in the Vendor app. Until acceptance, either the Vendor or KwikFastHurry may decline the order — for example if an item is unavailable, the delivery address is outside the service area, or the order is flagged by our fraud systems.

#4.2 Prices and fees

Prices for goods are set by the Vendor and may differ from prices in that Vendor's physical location. Your total may include:

• the price of the goods;
• a delivery fee, which varies with distance, demand and basket size;
• a service fee, which supports the operation of the Platform;
• small-order or long-distance surcharges, shown before you confirm;
• taxes required by law;
• any tip you choose to add for your Rider.

All applicable charges are itemised on the checkout screen before you confirm. By confirming, you authorise us or our payment processor to charge your selected payment method for the full amount.

#4.3 Payment processing

Payments are processed by third-party payment providers. We do not store full card numbers. Your use of a payment method is also subject to that provider's terms. If a payment fails, is reversed or is charged back, we may suspend your account and recover the amount owed, including by set-off against future payouts.

#4.4 Tips

Tips are voluntary and go to the Rider. Tips added before delivery can be adjusted for a limited window after the order completes, as described in the app.

#4.5 Promotions

Promotional codes and credits are personal, non-transferable, have no cash value and may be limited by time, region, minimum spend or user. We may withdraw or void a promotion at any time if we reasonably suspect fraud, abuse, error or breach of these Terms.

#5. Cancellations and refunds

Cancellations, refunds and credits are governed by our Refund & Cancellation Policy, which forms part of these Terms. Nothing in these Terms limits any non-waivable consumer rights you have under applicable law.

#6. Delivery

Delivery times shown in the app are estimates, not guarantees. Actual times depend on traffic, weather, Vendor preparation, Rider availability and other factors outside our control. Our Delivery & Fulfilment Policy explains delivery windows, unattended drop-off, failed deliveries and age-restricted items.

#7. Age-restricted goods

Some Vendors sell goods that may only be supplied to adults, such as alcohol, tobacco or certain over-the-counter medicines. Where permitted, these items require identity verification at handover. The Rider will refuse handover if you cannot present valid government-issued photo identification, if the identification appears altered, or if the recipient appears intoxicated. Refused age-restricted orders may not be refunded.

#8. Your content

You may submit reviews, ratings, photographs, store listings, support messages and other material ("User Content").

You retain ownership of your User Content. You grant KwikFastHurry, Inc. a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, publish, translate and display that User Content for the purposes of operating, promoting and improving the Platform. This licence ends when you delete the content, except where it has been shared with others who have not deleted it, or where we must retain it to comply with law.

You represent that you own or have the necessary rights to your User Content and that it does not infringe anyone's rights or breach our Acceptable Use Policy.

We are not obliged to monitor User Content, but we may review, moderate, refuse or remove any User Content at our discretion, particularly where it is unlawful, deceptive, abusive or violates our policies.

#9. Our intellectual property

The Platform, including its software, design, text, graphics, the KwikFastHurry name and the KwikFastHurry logo and mascot, is owned by KwikFastHurry, Inc. or its licensors and is protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to use the apps and websites for their intended purpose. You may not:

• copy, modify, translate or create derivative works of the Platform;
• reverse engineer, decompile or attempt to extract source code, except where that restriction is prohibited by law;
• scrape, crawl, index or harvest data from the Platform without our prior written consent;
• use our trade marks without permission;
• remove or obscure any proprietary notice.

Copyright complaints are handled under our Intellectual Property & DMCA Policy.

#10. Acceptable use

You agree to use the Platform lawfully and respectfully. The full list of prohibited conduct is set out in the Acceptable Use Policy. Serious or repeated breaches may result in immediate termination and, where appropriate, referral to law enforcement.

#11. Third-party services

The Platform links to and integrates with third-party services such as maps, payment processors, messaging providers and app stores. We do not control those services and are not responsible for them. Your use of them is governed by their own terms and privacy notices.

#12. Suspension and termination

You may stop using the Platform at any time and may close your account as described in our Account & Data Deletion page.

We may suspend or terminate your access, with or without notice, if we reasonably believe that:

• you have breached these Terms or any incorporated policy;
• your account is associated with fraud, abuse, or risk to the safety of others;
• we are required to do so by law or by a payment provider;
• your account has been inactive for an extended period.

Where it is reasonable and lawful to do so, we will tell you why and give you an opportunity to respond. Termination does not affect any rights or obligations that accrued before it, and Sections 8, 9, 13, 14, 15, 16 and 17 survive.

#13. Disclaimers

To the fullest extent permitted by law, the Platform is provided "as is" and "as available", and KwikFastHurry, Inc. disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Platform will be uninterrupted, secure or error-free, that estimates will be accurate, or that goods supplied by Vendors will meet your expectations. KwikFastHurry does not prepare, handle or inspect the goods sold by Vendors and makes no warranty about them.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

#14. Limitation of liability

To the fullest extent permitted by law:

• KwikFastHurry, Inc. and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, however caused and under any theory of liability;
• our total aggregate liability arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the total amount you paid to KwikFastHurry in the six (6) months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

These limits do not apply to liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud.

#15. Indemnity

You agree to indemnify and hold harmless KwikFastHurry, Inc. and its personnel from any claim, loss, liability, cost or expense (including reasonable legal fees) arising out of your use of the Platform, your User Content, your breach of these Terms, or your violation of any law or third-party right.

#16. Dispute resolution and arbitration

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

#16.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at legal@kwikfasthurry.com with a written description of the dispute and the relief you seek. We will try in good faith to resolve it within sixty (60) days. This step is a precondition to arbitration.

#16.2 Binding arbitration

If we cannot resolve the dispute informally, you and KwikFastHurry, Inc. agree that any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration, administered under the Consumer Arbitration Rules of a recognised arbitration provider, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitration will take place in the county where you reside, or by video or telephone if you prefer. The arbitrator may award any relief a court could award to you individually.

#16.3 Class action waiver

You and KwikFastHurry, Inc. each waive the right to bring or participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

#16.4 Your right to opt out

You may opt out of this arbitration agreement by emailing legal@kwikfasthurry.com with the subject line "Arbitration Opt-Out", including your name and the email address on your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not disadvantage you in any way.

#16.5 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

#17. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Where a dispute is not subject to arbitration, you and KwikFastHurry, Inc. submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. Nothing here deprives you of the protection of mandatory consumer laws in your place of residence.

#18. Changes to these Terms

We may update these Terms as the Platform and the law evolve. When we make a material change we will:

• update the "Last updated" date at the top of this page;
• notify you by email or in-app notice at least fifteen (15) days before the change takes effect, unless a shorter period is required by law or the change is favourable to you.

Continuing to use the Platform after the effective date means you accept the revised Terms. If you do not accept them, stop using the Platform and close your account.

#19. General

• Entire agreement. These Terms and the policies referenced in them are the whole agreement between us on this subject.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a right is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices. We may give notice by email, in-app message or by posting on https://legal.kwikfasthurry.com. Legal notices to us must go to legal@kwikfasthurry.com and to 1 Market Street, Suite 500, Wilmington, DE 19801, USA.
• Language. These Terms are drafted in English. Translations are provided for convenience; the English version controls.

#20. Contact

KwikFastHurry, Inc. 1 Market Street, Suite 500, Wilmington, DE 19801, USA Email: legal@kwikfasthurry.com Phone: +1 (888) 555-0123